Calculating Workers’ Compensation Benefits in California
If you are injured on the job in California, you are entitled to receive two-thirds of your pretax gross wage. California statutes provide for a maximum allowable amount. This amount is adjusted annually and can change each year.
You could be in luck if your employer offers an additional “Disability Leave with Pay” program. Although it is not required by California law, it can help make up the difference in your salary so that you receive your entire income. Your employer’s insurance company will take what the state pays and provide additional payment on top to fully supplement your pre-injury income.
If you want to calculate your regular weekly wage, which is the amount used to calculate your California workers’ compensation, divide your annual salary by 52. If you have a permanent disability, you may also be eligible for Supplemental Job Displacement Benefits (SJDB).
SJDB includes a voucher in compensation for vocational skills training and more. You could also be eligible for California workers’ compensation benefits for medication, hospital expenses, doctor’s office visits, and physical therapy until the time when your claim is accepted or denied.
Calculating your workers’ compensation benefits can be confusing, especially in the aftermath of a severe injury. There may also be special circumstances that affect how your benefits are calculated. Your medical conditions and the opinions of different physicians can change the amount you’re entitled to.
It also can be bewildering trying to meet all of the various deadlines. That’s why the Grossman Law Offices are here to offer continual support to you and your loved ones if you need a death benefit. Consult with us today about how we can help maximize your disability payment and workers’ compensation benefits.
What is the maximum payout for workers’ compensation in California?
The amount of temporary total disability an injured worker receives is two-thirds of their average weekly wage (AWW). After calculating the temporary disability rate, your employer’s insurance company will check to see if it is below the minimum or above the maximum level.
The maximum and minimum amount of temporary disability a hurt worker can receive changes yearly based on a calculation of what California employers are paying their employees. Speak with a California workers’ compensation benefits attorney today about the maximum payout you’re eligible for.
Temporary and Permanent Disability Benefits
If you’re temporarily unable to do any part of your job because of your work-related injury or illness, you’re entitled to temporary disability (TD). TD payments won’t begin until you’ve missed three days from work. There’s no waiting period for temporary disability if you’re entitled to them.
TD benefits provide compensation to replace some of your lost wages. If you’re considered temporarily disabled and unable to perform the necessary functions of your employment, you’ll generally receive two-thirds of your average weekly wages.
Your average wage per week is the pre-tax gross amount that you were earning at the time of the injury, including overtime and the market value of job perks. If you’re eligible to continue receiving TD payments after two years, then the amount you’re eligible for will increase to a higher rate.
Partial Temporary Disability
If your doctor finds that you can continue work, but with limited hours, you can receive a partial temporary disability payment. This entitles you to two-thirds of your weekly wage loss, which is calculated as the difference between your average weekly wage (up to the maximum discussed above) and the amount you are earning for part-time employment.
Temporary disability benefits can stop and start again if you went back to work but then had a flare-up of pain or needed surgery. There’s also no limit on how long your benefits will continue. There are limitations on how long you can receive temporary disability benefits within five years from the time you were first injured.
Some exceptions apply if you’re suffering from certain serious conditions like HIV, hepatitis B or C, or some forms of lung disease. (Cal. Labor Code § 4656 (2020).) If you require temporary disability payments or permanent disability options, and are interested in additional supplemental job displacement benefit packages, contact the Grossman Law Offices right away.
