Some injured California workers are eligible to receive temporary total disability benefits. Insurance companies use rates set by the Division of Workers’ Compensation to determine the amount of money workers receive.
Though the California labor code requires the maximum and minimum weekly earnings to increase by an amount that coincides with average weekly wages in the state, the Division of Workers’ Compensation opted to keep the rates the same for 2022.
What are temporary total disability benefits?
Temporary total disability benefits pay injured workers a portion of their salary during the time that they are unable to work because of their injuries. To be eligible for this benefit, workers must sustain an injury on the job while performing a job-related task. A doctor must determine that the injury prevents the employee from returning to work. If the employer can provide modified work that the employee is medically capable of performing, the employee may not be eligible for TTD benefits.
How are TTD payments determined?
Workers can receive TTD payments until they return to work or a doctor decides they have reached maximum medical improvement. The TTD rate is usually two-thirds of a worker’s average weekly wages at the time the injury occurred. However, the minimum and maximum rates apply.
For many workers, TTD calculations are fairly straightforward. However, disputes may arise when workers have sources of compensation other than wages or there is a disagreement about whether an employee can return to work or has reached MMI. Employees who are unable to resolve disputes with employers or workers’ compensation insurance companies may need to pursue compensation through the court system.