Q: I have a 2002 claim and still on TTD. My weekly rate has not changed in all these years. Should COLA have applied?
I am wondering if I missed many increases as I find that I am suffering from cost of living changes. Even if one applied in just the last five years it would help.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, workers' compensation benefits, including temporary total disability (TTD) payments, are subject to Cost of Living Adjustments (COLA). These adjustments are made annually and are based on the State Average Weekly Wage (SAWW).
However, COLA increases are not automatically applied to all claims. They are typically applied to claims with injury dates on or after January 1, 2003, and to life pension and total permanent disability payments regardless of the date of injury.
For claims with dates of injury before January 1, 2003 (like your 2002 claim), COLA increases are not required by law. This means that your TTD rate may have remained unchanged since your injury date.
Despite this, it's still a good idea to consult with a qualified workers' compensation attorney or contact your claims administrator to discuss your specific case and determine if there are any opportunities for benefit increases or adjustments based on your unique circumstances. An attorney can help you understand your rights and ensure that you are receiving the appropriate benefits.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
