How Much Workers' Comp Pays in California

Temporary disability is generally two-thirds of the gross (pre-tax) wages you lose while recovering, within a weekly minimum and maximum set by law, and is not taxable. For most injuries, temporary disability is limited to 104 weeks within five years of the injury date (for injuries after January 1, 2008); some severe injuries allow longer.

For injuries in 2026 (from January 1, 2026), the maximum temporary total disability rate is $1,764.11 per week and the minimum is $264.61 per week. For 2025 the maximum was $1,680.29 and the minimum $252.03. The rates are adjusted each January 1 based on the change in the state average weekly wage.

For injuries on or after January 1, 2008, temporary disability (TD) can be paid for up to 104 weeks within five years from the date of injury. Workers with certain long-term injuries (such as hepatitis B or C, amputations, severe burns, HIV, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis or chronic lung disease) may receive up to 240 weeks of TD within five years. TD generally stops sooner if the worker returns to work, is released for work, or the doctor says the condition has improved as much as it will. Permanent partial disability is paid over a fixed number of weeks; permanent total disability is paid for the rest of the worker's life.

Temporary disability payments are owed when the treating doctor says you cannot do your usual job for more than three days, or you are hospitalized overnight, and the employer does not offer other work at your usual pay. Payments must be made every two weeks.

If the treating doctor finds you have reached maximum medical improvement ("permanent and stationary") with lasting effects, the doctor's report is converted into a permanent disability rating using the state's Permanent Disability Rating Schedule. The amount of permanent partial disability depends on the rating, the injury date and pre-injury wages, and is paid every two weeks over a fixed number of weeks starting within 14 days after temporary disability ends. Permanent total disability (a 100% rating) is paid for life at the temporary disability rate. A worker without an attorney can ask DWC to reconsider a rating or can take the issue to a workers' compensation judge.