HOW TO ESTIMATE YOUR TEMPORARY DISABILITY RATE.
The general rule is that your temporary disability rate will be 2/3 your Average Weekly Earnings, with a maximum and minim set by statute (law). The information bellow is to help you estimate that amount but you should consult your attorney or the Information and Assistance Officer regarding the exact calculation. There are many other factors that could be taken into consideration that could increase or decrease your rate. For example, you worked received a raise three months prior to your injury and were expected to continue earning at that rate.
How to calculate how much you should be paid for Temporary Disability assuming you have had a similar income for the past 12 months.
Calculate your Average Weekly Earnings. You do this by taking the amount of total money you have made from any jobs, even if other than the one you were hurt at and dived that value by 52.
For Example if you made $15,000 from your first job for the last 12 months and $600 from your second job for the last 12 month, you would add those together
$15,000.00 + $600.00 = $15,600.00
Next take the total of all the money you earned from both jobs (15,600.00) and divide it by the number of weeks for the last year (52).
$12,400 ÷ 52 = $300.00 ($300.00 is your average weekly earnings.
Calculate 2/3 of your average weekly earnings.
Take your Average Weekly Earning amount $300 and divide it by 3.
$300 ÷ 3 = $100.00.
Tale that number $100.00 and multiply it by 2.
$100.00 x 2 = $200.00.
Your answer (here $200) is your Temporary Disability Rate if it is not more than or less than the statutory (legal) Maximum and Minimum indicated on the chart (chart is from http://www.dir.ca.gov/dwc/WorkersCompensationBenefits.htm )the minimum or over the maximum. The minim and maximum vary per year. The most recent years are as follows:
For those more numerically inclined: Were TI=Total Income for the last 12 months, divide that by 3 and multiply the result by 2, this equals your Temporary Disability Rate, assuming it is not too little or to great.
Temporary / permanent disability and SJDB
The chart found below, can be used to determine the temporary and permanent disability rates as well as the amount of the SJDB voucher, if applicable, for a work-related injury or illness.