The Occupational Health and Safety Administration (OSHA) is responsible for developing regulations and procedures intended…
If you have been injured on the job, and you are unable to work because of your workplace injury, you are most likely eligible for temporary disability benefits. Temporary disability (TD) benefits are payments you receive while recovering from an on-the-job injury, but how are they calculated?
This is the question we asked our Los Angeles workplace injuries attorney at the Koszdin, Fields, Sherry & Katz law firm. And here is what he has to say about this.
A rule of thumb is that temporary disability benefits amount to two-thirds of the gross wages you would have earned if you were not injured in the workplace. Gross wages are the total amount you are normally paid before any taxes, deductions, and payroll withholdings.
However, the maximum weekly amount of temporary disability benefits is capped by law. Federal and state workers’ compensation laws, which apply in Los Angeles and all across California, also set a minimum weekly amount that you should be paid in temporary disability benefits.
Also, TD benefits are not subject to federal, state, or local income taxes, and you do NOT have to pay Social Security taxes, retirement fund contributions and other taxes on TD benefits.
Each workers’ compensation case is unique and different not only because of the nature of the workplace injury, but also because there are a plethora of other factors that come into play. Our Los Angeles workplace injuries lawyer explains that this makes it harder to determine the exact temporary benefits you will receive.
The following factors can make the process of calculating TD benefits more complicated:
If you were injured on the job and your workers’ compensation claim was approved, you will be eligible for temporary total disability (TTD) payments if your workplace injury makes it impossible to work and earn a living.
As we have mentioned above, temporary total disability payments are calculated as follows: TTD payments amount to two-thirds of the wages you were earning before the on-the-job injury. For example, if your gross wages before the injury were $500 per week, your TTD payments will be $333 per week.
If you were injured in the workplace in Los Angeles or elsewhere in California in 2018, a maximum weekly amount set by law is $1,215.27 per week. California’s workers’ compensation laws also set a minimum requirement for TTD payments for low-wage workers.
Our Los Angeles workers’ compensation attorney at the Koszdin, Fields, Sherry & Katz law firm explains that workers in California cannot receive less than a minimum weekly amount set by law for TTD payments in 2018. This year, the minimum amount of TTD payments is $182.29 per week.