Temporary Disability

Temporary Disability is money paid while you can not work because of your work related injury. The rate you receive is based on 2/3 of your Average Weekly Wage which is determined by Labor Code 4453 which can be found here: http://law.onecle.com/california/labor/4453.html. As can be seen from this code, there are multiple ways to compute the average weekly wage and an attorney can assist you to insure that the correct method is used to determine your Average Weekly Wage. There is a Minimum and Maximum for Temporary Disability payments depending on your date of injury, a chart for that can be found here: http://www.dir.ca.gov/dwc/WorkerscompensationBenefits.htm.

For injuries between 4/19/04 and 12/31/07, Temporary Disability benefits are limited to a maximum of 104 weeks for injuries from the date of first payment of temporary disability with the following exceptions:

(A) Acute and chronic hepatitis B.
(B) Acute and chronic hepatitis C.
(C) Amputations.
(D) Severe burns.
(E) Human immunodeficiency virus (HIV).
(F) High-velocity eye injuries.
(G) Chemical burns to the eyes.
(H) Pulmonary fibrosis.
(I) Chronic lung disease.

For these injuries temporary disability is limited to 240 weeks.

For injuries on or after 1/1/08, temporary disability is limited to 104 weeks within 5 years of the date of injuries with the same exceptions that are outlined above.

At Silberman & Lam, LLP we use our resources to make sure that the most beneficial method is used to calculate your temporary disability rate and file for court hearings when our clients are either not being paid when they should or are being underpaid.