---
title: "Work out temporary total disability pay from average weekly earnings"
url: "https://ailawframework.com/practice/personal-injury-and-compensation/work-out-weekly-compensation-from-earnings-capacity-and-time-on-payments/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A21-WR20261022-2-US"
practice_area: "Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Work out temporary total disability pay from average weekly earnings

> From the wage records and the medical notes the lawyer supplies, set out average weekly earnings, whether the injury is described as temporary and total, and the period of that disability.…

Canonical page: https://ailawframework.com/practice/personal-injury-and-compensation/work-out-weekly-compensation-from-earnings-capacity-and-time-on-payments/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Personal Injury & Compensation (workers compensation, CTP/TAC, medical negligence)](https://ailawframework.com/practice/personal-injury-and-compensation.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the wage records and the medical notes the lawyer supplies, set out average weekly earnings, whether the injury is described as temporary and total, and the period of that disability. Do not calculate a rate the opened section does not state and do not apply a partial-disability percentage. |
| What the lawyer must review | California Labor Code § 4653 says that if the injury causes temporary total disability, the disability payment is two-thirds of the average weekly earnings during the period of that disability, consideration being given to the ability of the injured employee to compete in an open labor market. Labor Code § 3600 is the liability section: compensation is in lieu of other liability except as §§ 3602, 3706, and 4558 provide, without regard to negligence, for injury arising out of and in the course of the employment when the conditions of compensation concur. You decide the weekly amount. The opened § 4653 text states no maximum and no temporary-partial rate. |
| Written for | United States |
| Applies to | [Work out weekly compensation from earnings, capacity and time on payments](https://ailawframework.com/practice/personal-injury-and-compensation/work-out-weekly-compensation-from-earnings-capacity-and-time-on-payments.md) |

## Checking plan

- What the AI does: From the wage records and the medical notes the lawyer supplies, set out average weekly earnings, whether the injury is described as temporary and total, and the period of that disability. Do not calculate a rate the opened section does not state and do not apply a partial-disability percentage.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Workers' compensation rates are state law. Section 4653 is California temporary total disability only.
- A statutory maximum, a waiting period, or a step-down is not in the opened text of § 4653.

## Sources

- [California Labor Code § 4653, temporary total disability payment](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=4653.) (checked 2026-10-22)
- [California Labor Code § 3600, liability for compensation](https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB&sectionNum=3600.) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*