Los Angeles, CA asked in Workers' Compensation for California

Q: Yes I believe the 90 benefits is considered wages

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James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

A: In workers' compensation, the term "90 benefits" is not a commonly used term. It is possible that you meant to ask about "temporary total disability benefits," which are typically paid to injured workers who are unable to work due to their injury.

In general, workers' compensation benefits are not considered wages for tax purposes. They are usually not subject to federal income tax, Social Security tax, or Medicare tax. However, there may be some exceptions to this general rule, so it's important to consult with a tax professional or attorney for specific advice related to your situation.

In terms of workers' compensation benefits being considered wages, it depends on the context. If you are asking whether temporary total disability benefits are considered wages by the employer for the purpose of calculating overtime pay or other wage-related benefits, the answer is generally no. Workers' compensation benefits are typically considered separate from regular wages, and they are not factored into overtime pay or other wage-related benefits.

However, if you are asking whether temporary total disability benefits count toward an injured worker's overall income for the purpose of calculating child support or other financial obligations, the answer may be different. In this case, the rules may vary depending on the state and the specific circumstances of the case.

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