Legal Question in Workers Comp in California

I am currently on temporary total disability for workman's comp. When I was injured 3 years ago I was making $14 an hour. I currently make 18.25 an hour as well as I have a second job. Should they pay be based on what I was making when I fell or should the pay be based on what I make currently and I'm missing out on now? Also, I live in California if that makes a difference.


Asked on 5/10/17, 7:13 pm

1 Answer from Attorneys
Nancy Wallace Nancy Wallace Atty at Law

Sadly, the way the statute is written, the adjuster calculates the Temporary disability based on the earnings 'at the time of injury'. There is a case that says if that is unreasonable low the worker can go to court to prove 'reasonable' earnings (we call it the Thrifty case; a student nurse had taken and passed her nurse exam and was just waiting for the results when she got hurt, so she was awarded disability based on a nurses salary instead of a students minimum wage).

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Answered on 5/18/17, 2:18 pm


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