Tracy, CA asked in Workers' Compensation for California

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.

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1 Lawyer Answer
James L. Arrasmith
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  • Sacramento, CA
  • Licensed in California

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.

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