Labor Code Section 4653: If the injury causes temporary total disability, the disability payment is two-thirds of the average weekly earnings during the period of such disability, consideration being given to the ability of the injured employee to compete in an open labor market.
Worker’s Compensation benefits are all statutory benefits set forth in the California Labor Code. Anybody performing services for another will be covered for an on the job injury, as long as the injury arose out of and occurred during the course of employment. The benefits are essentially medical treatment, temporary disability, permanent disability and a very inadequate voucher. Worker’s Comp is very different than personal injury laws that are pursued through the superior court. Under the current system, the employer has the right to designate the doctors from whom the injured worker must treat. Sweet, right? Every time we get a “reform” legislative change, the insurance industry gets more control over the system. For instance, recent changes to the laws reduced temporary disability payments to a maximum of two years. Ridiculous;but true.