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The Turley & Mara Law Firm, APLC

How to Obtain Temporary Total Disability Benefits in San Diego

“I always use plain English, with no sugarcoating, no B.S. lawyer talk, no double talk. Just old fashioned, unsweetened, unvarnished truth.”  San Diego Workers’ Compensation Attorney - Bill Turley

San Diego Work Injury Attorney California Workers Compensation Lawyer

The First Step

When handling your work injury case, nothing matters more than the honest truth. Nothing. You must be straightforward and honest about your case. I have seen many instances where a client will sugarcoat their injury and the courts throw out the case. Why? All because they were not honest from the get-go.

The Next Step

If you've been injured on the job, you probably have a ton of questions. I understand. You are concerned about your family and your livelihood. My suggestion is the next step you should take before anything else is to read my book, Win Your Injury Case. I wrote it to help folks like you, good people who got hurt on the job. You can order a free copy and I will cover the shipping too.

Need Help Today?

Give us a call. (619) 234-2833

What is Temporary Total Disability?

In addition to medical treatment, an injured worker is entitled to Temporary Total Disability (TTD) payments while unable to work because of the injury.  Although injured workers are not allowed to claim actual lost earnings as part of a worker’s compensation claim, TTD benefits are designed to approximate your lost earnings.

TTD benefits are based on your Average Weekly Wage (AWW) which is calculated by taking an average of your gross earnings from all sources, including those from a second job, tips, overtime, and bonuses.  2/3 of this average is then used for your TTD benefit payment amount with limits on both minimum and maximum rates.  Beware, there are different ways to calculate this average and it is not unusual for insurance companies to use calculations that are to their advantage rather than yours.

There are also limits on the total period for which you are entitled to TTD benefits.  Beware, the calculation of these limits is also open to interpretation and, again, it is not unusual for insurance companies to interpret these limits to their advantage rather than yours.

How Is California Temporary Disability Calculated? 

California temporary disability is calculated as 2/3 of your Average Weekly Wage, subject to the statutory minimum and maximums at time of injury. Meaning, you are entitled to 2/3's of your Average Weekly Wage. The current minimum compensation rate is $160.00 and current maximum compensation rate is $1,066.72 per week for claims with injury dates on or after January 1, 2013.

Is There a Waiting Time? 

A 3-day waiting period applies, which is reimbursed after the 14th day of your disability. There is no waiting period if you are immediately hospitalized. 

How Long Can I Receive TTD Benefits? 

Payments 2 years or more from the date of injury are subject to current statutory limits (known as the "2-year rule"). Meaning, you can usually only recover 104 weeks of TD benefits.

Use this website to research your Workers' Compensation Case

This is the most comperehensive California workers' compensation website.

 

The best workers' compensation attorneys in California

Awarded Super Lawyer 2011 - 2017

Only Workers Compensation Super Lawyer – City of San Diego

Highest Avvo.com Rating

New York Times Top Attorney

Chosen Top 10 Lawyer San Diego

Awarded Best Lawyers in San Diego

Elected President of Consumer Attorneys

Chosen Trial Master by Consumer Attorneys

 

Disclaimer: Please understand these discussions and/or examples are not legal advice. All legal situations are different. This testimonial, endorsement and/or discussion does not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter, your particular case/ situation and/or this particular case/ situation. Thanks, Bill Turley

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