Jackson, CA asked in Workers' Compensation for California

Q: How can I get ttd payments adjusted

My payments are being calculated using the average weekly wage from my last 6 months of employment, which included 3 weeks unpaid days off ( 1 week at each of 3 holidays) several weeks which were only 1 or 2 days due to extreme weather and a couple weeks I had to take off for personal reasons. Can I make them recalculate it to a year instead of 6 months? Which would almost double the amount I am getting.

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2 Lawyer Answers

A: Hi There. The short answer is yes you can. You want to argue that if they are going to try and come up with your average weekly wage that it needs to be a typical 6 months worked, not one where you happen to be out a lot for one reason or another because from what I gathered those 6 months they were calculating from were not a typical 6 months worked. Its also fine to go back a year to get a better idea of what your true average weekly wage is. Good Luck!

James L. Arrasmith
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Answered

A: If you are receiving temporary total disability (TTD) payments, you may be able to request that your payments be recalculated using your average weekly wage from the last 12 months of employment, instead of the last 6 months. This is because TTD payments are calculated based on your average weekly wage at the time of your injury, and the last 12 months will give a more accurate picture of your earnings. To request a recalculation, you will need to contact your employer or the workers' compensation insurance company that is handling your claim. You will need to provide them with documentation showing your earnings for the last 12 months, such as pay stubs or tax returns. The insurance company may or may not agree to recalculate your payments, but if they do, they will backpay you the difference between the amount you have already received and the amount you would have received if your payments had been calculated using your average weekly wage from the last 12 months.

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