Workers' CompensationQuestion 205 of 215

An injured employee unable to work while recovering from a workplace injury is entitled to temporary disability (TD) benefits. How is the TD rate generally calculated?

a.100% of pre-injury wages, with no cap
b.Two-thirds (about 66 2/3%) of the worker's average weekly wage, subject to statutory minimum and maximum
c.A flat $400 per week regardless of earnings
d.Half of the worker's net take-home pay after taxes

Explanation

Temporary disability replaces a portion of lost wages while the worker recovers and cannot work. It is paid at two-thirds of the average weekly wage, subject to a statutory minimum and a maximum that is adjusted each year by the State Average Weekly Wage. TD is not a full wage replacement and it is not taxable.

Law Reference: Cal. Labor Code §4453 (TD), §4658 (PD)

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