Q: I was only with the company 4 months when I got hurt, how do they compute my workers comp disability payment ?
Can they compute from the beginning of the year to when I got injured? Or from my start date?
A: I assume you were working for a different employer prior to the the employer in which you sustained the injury. If that is the case, your earnings from the prior employer and current employer can be used to calculate your benefits. Labor Code section 4453(c)(4) provides " the average weekly earnings shall be taken at 100 percent of the sum which reasonably represents the average weekly earning capacity of the injured employee at the time of his or her injury, due consideration being given to his or her actual earnings from all sources and employments."
A: TOTAL Temporary Disability is 2/3 of your 'average' weekly wage; most WCAB Judges take your earnings for the 52 weeks just prior to your injury date, add that up and divide by 52. So if you were unemployed for the 8 months prior to the injury date, your rate will be minimum UNLESS you can show the judge (yes, at a hearing on the TTD rate) should be higher because of special circumstances (you were completing school, you were deployed out of the country, you were in a coma). PERMANENT DISABILITY is 2/3 of your average wage but with a maximum much, much lower; most only receive $230/week in PPD.
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