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Chico Workplace Injuries for Workers Earning Below Capacity

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The economy hasn’t been at it’s best the last few years and a lot of people are struggling. To get by, an individual with highly specialized skills might need to take a job that doesn’t come close to meeting his or her earning capacity because there just aren’t positions available for them on the market at this point in time.

So what happens when someone with an established history of making thirty-five dollars an hour in their field gets injured while performing stopgap work for nine dollars an hour? Does that mean that their workers’ compensation check will be calculated from that nine dollar an hour paycheck?

Not necessarily.

It pays to understand Labor Code 4453

If you enter into the process with knowledgeable guidance—for example, a skilled Chico workplace injury attorney—you might be able to get your temporary disability payments calculated from a period in your work history more representative of your earning capacity. Other allowances can sometimes be made in situations when, at the time of your injury:

  • You were training for a new occupation that would have increased your earning capacity.
  • You were about to receive a raise.
  • You were working more than one job.
  • You received post-injury earnings that need special consideration.


Do any of these situations sound familiar? If they do, don’t wait another day: schedule a free case review with a skilled Chico workers' comp lawyer today. With our help, you may be able to obtain much more of the financial support you’ll need as you recover. To learn more, call Ledgerwood Law at 888-761-7383 or fill out our online contact form. To learn more about the workers’ compensation process, order a copy of our free book, The Northern California Workers’ Compensation Survival Manual.

Category: Worker's Compensation

Thomas Ledgerwood
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Proprietor Ledgerwood Law Group

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