Temporary disability (TD) benefits are generally two-thirds of your wages subject to minimums and maximums set by the State Legislature. At the beginning of each year, the minimum and maximum weekly temporary disability rates that will apply for injuries that occur during that year are subject to adjustments based on increases in the State Average Weekly Wage (SAWW). Thus, the amount of your payment will depend on the rate in effect on your date of injury, as well as your pre-injury earnings. A claims adjuster will send you a letter explaining how much you will receive.
For 2023 injuries, the minimum TTD rate was $242.86 per week, and the maximum TTD rate was $1,619.15 per week. However, in 2023 the SAWW declined, so the minimum and maximum TTD rates did not change from the 2023 levels. The minimum remains $242.86 per week for 2024 injuries, and the maximum remains $1,619.15 per week.
Temporary disability isn’t paid for the first three days you’re unable to work, unless you’re hospitalized as an in-patient or are off work more than 14 days. After that you should receive a check every two weeks until the doctor says you can go back to work. State law allows temporary disability payments for a single injury to continue for no more than 104 compensable weeks within five years from the date of injury; or for a few very serious types of injuries such as amputations, severe burns or chronic lung disease, the state allows payments for up to 240 weeks within five years of the date of injury. If the maximum temporary disability period expires before you can return to work, or if temporary disability is delayed or denied, you may be able to get State Disability benefits through the California Employment Development Department (EDD), but you need to apply in advance, so contact EDD at 1-800-480-3287 (http://www.edd.ca.gov/) for forms and information.
If the injury is very serious and you won’t be able to work for a year or more, you may be eligible for additional benefits from Social Security. Contact your local Social Security office for information.
Permanent disability benefits may be payable after you recover to the fullest extent possible. At that point, the doctor who treated you will evaluate the permanent effects of your injury. You and your employer may agree to rely on the treating doctor’s report to establish your permanent disability payment. If you don’t agree on the treating doctor’s report, you may contact the claims adjuster, an information and assistance officer at the Division of Workers’ Compensation, or your attorney if you are represented. They can explain your rights and the process for resolving disputes, which varies depending on a number of factors. Your level of permanent disability will be based on the doctor’s report (including the doctor’s opinion about how much of your permanent disability was directly caused by your work), as well as factors such as your age, pre-injury occupation, type of injury, and date of injury. The weekly benefit is subject to minimums and maximums set by the state, which vary by date of injury and your level of permanent disability. If you have a permanent disability, the calculation of the benefit will be fully explained in a letter.
Death benefit payments to financial dependents are set by state law according to the number of dependents and the date of injury. Payments are made at the same rate as temporary disability payments, but no payments will be less than $224/week. Workers’ compensation also pays a burial allowance of up to $10,000.