In this guide10 sections
- Key takeaways
- The 2026 temporary disability rates
- How your TD check is calculated
- Which year’s rates apply to you
- Temporary total vs. temporary partial disability
- When TD starts, how often it’s paid and how long it lasts
- Common TD problems after a rate change
- What to do if your TD seems wrong
- Frequently asked questions
- Talk to a California workers’ comp lawyer
On January 1, 2026, California’s temporary disability (TD) rates went up. The minimum weekly temporary total disability payment is now $264.61 and the maximum is $1,764.11, up from $252.03 and $1,680.29 in 2025. Your own check is generally two-thirds of your average weekly wage, kept within that range. If you were hurt at work in 2026, or you are still receiving TD two or more years after your injury, these are the numbers that set your floor and your ceiling.
Key takeaways
- As of January 1, 2026, weekly TD runs from a minimum of $264.61 to a maximum of $1,764.11.
- Your TD rate is generally two-thirds of your gross average weekly wage, limited by the minimum and maximum.
- Rates are usually set by your date of injury, but TD paid two years or more after the injury is figured using the rates in effect when each payment is made (Labor Code §4661.5).
- Late TD payments are automatically increased by 10 percent in most cases (Labor Code §4650).
- For most injuries since 2008, TD is limited to 104 weeks within five years of the injury.
The 2026 temporary disability rates
The Division of Workers’ Compensation adjusts the TD minimum and maximum every January 1 based on the change in the state average weekly wage. For 2026, that wage rose about 5 percent, from $1,704 to $1,789, according to the Department of Industrial Relations’ announcement.
| Weekly TD rate | 2025 | 2026 |
|---|---|---|
| Minimum | $252.03 | $264.61 |
| Maximum | $1,680.29 | $1,764.11 |
Rates for 2027 are usually announced near the end of the year. Until then, the 2026 figures above are the current ones.
How your TD check is calculated
The DWC’s temporary disability fact sheet says you are paid two-thirds of your gross (pre-tax) wages at the time of injury. The insurer works out your average weekly earnings, multiplies by two-thirds, and then applies the minimum and maximum. Labor Code §4653 sets that two-thirds formula.
- Most workers receive exactly two-thirds of their average weekly wage.
- Higher earners hit the cap. Because two-thirds of about $2,646 is $1,764.11, anyone whose average weekly wage is above roughly $2,646 receives the maximum.
- Lower earners get the floor. If two-thirds of your wage comes out below $264.61, you generally receive the minimum instead.
Labor Code §4453 measures average weekly earnings from all employers, so a second job may raise your rate. Our free workers’ comp benefits calculator can give you a quick estimate.
Three hypothetical examples
| Worker | Average weekly wage | Two-thirds | 2026 weekly TD |
|---|---|---|---|
| Ana, part-time retail | $360 | $240.00 | $264.61 (minimum) |
| Luis, warehouse lead | $1,200 | $800.00 | $800.00 |
| Dana, union electrician | $3,000 | $2,000.00 | $1,764.11 (maximum) |
These are illustrations only. Your actual rate depends on your verified earnings and the rules that apply to your injury date.
Which year’s rates apply to you
As a general rule, the minimum and maximum that apply to your claim are the ones in effect on your date of injury. If you were hurt on or after January 1, 2026, the 2026 range applies.
There is an important exception. Under Labor Code §4661.5, when a temporary total disability payment is made two years or more after the date of injury, it is figured using the minimum and maximum in effect on the date the payment is made, unless that would produce a lower payment. That matters most to higher earners who were capped at an older, lower maximum.
Example (hypothetical): Carlos was injured in 2023 and was paid the 2023 maximum. After surgery in 2026, he is off work again. Because these TD payments are being made more than two years after his injury, they should be calculated using the 2026 limits, which may mean a higher weekly check.
Temporary total vs. temporary partial disability
- Temporary total disability (TTD) is paid when your doctor says you can’t do your usual work and your employer doesn’t offer modified or alternative work you can do.
- Temporary partial disability (TPD) is paid when you can work in a limited way but earn less than before. Under Labor Code §4654, it is two-thirds of your weekly loss in wages, reduced by any unemployment benefits you receive for the same period.
Example (hypothetical): Luis returns to light duty at $600 a week instead of his usual $1,200. His weekly wage loss is $600, so his TPD would be about $400 a week.
For how TD differs from permanent disability, see our guide to TD and PD benefits.
When TD starts, how often it’s paid and how long it lasts
| Rule | What it means for you | Law |
|---|---|---|
| Waiting period | The first three days are unpaid unless you are disabled for more than 14 days or hospitalized as an inpatient; then TD is paid from the first day. | Labor Code §4652 |
| First payment | Due no later than 14 days after the employer knows of the injury and disability, unless it has denied the claim or properly notified you it needs more information. | Labor Code §4650(a) |
| Payment schedule | Every two weeks after the first payment. | Labor Code §4650(c) |
| Late payments | Increased by 10 percent automatically, with limited exceptions. | Labor Code §4650(d) |
| Time limit | For injuries on or after January 1, 2008, generally 104 weeks within five years of the injury; some serious injuries, such as severe burns or chronic lung disease, up to 240 weeks. | Labor Code §4656 |
TD generally ends when you return to work, when your doctor releases you to work, or when your doctor says your condition has stopped improving. Read more about the 104-week TD limit and the timing of TD payments.
Common TD problems after a rate change
- Using the wrong year’s cap. An adjuster may keep paying an old maximum after your claim passes the two-year mark.
- Leaving out earnings. Wages from a second job, or other earnings that should count, may be missing from the average weekly wage.
- Late or skipped checks. Payments are due every two weeks, and a late payment should include the 10 percent increase.
- Cutting off TD early. Benefits may be stopped on the basis of a disputed report or a job offer you can’t actually do.
What to do if your TD seems wrong
- Ask for the calculation in writing. Request the average weekly wage the insurer used and how it got there.
- Gather your pay records. Collect pay stubs for the year before your injury, including any second job. Our guide on requesting payroll records explains how.
- Check the dates. Compare your injury date and payment dates with the rates that should apply.
- Keep a payment log. Note when each check arrives and its amount.
- Get help. The DWC’s Information and Assistance Unit answers questions for free, and a workers’ comp attorney can dispute an underpayment before the Workers’ Compensation Appeals Board.
If you were let go while off work, see workers’ comp after being fired or quitting.
Frequently asked questions
What is the maximum workers’ comp TD payment in California in 2026?
$1,764.11 a week for temporary total disability, effective January 1, 2026. The minimum is $264.61 a week.
I was injured in 2024. Does the 2026 increase help me?
It may. Temporary total disability payments made two years or more after the date of injury are calculated using the limits in effect when each payment is made, if that produces a higher payment.
Am I paid for the first three days I miss?
Only if your disability lasts more than 14 days or you are hospitalized as an inpatient. Otherwise, the first three days are an unpaid waiting period (Labor Code §4652).
Why is my TD check less than two-thirds of my pay?
You may be over the weekly maximum, or the insurer may have used the wrong average weekly wage. Ask for the calculation in writing and compare it with your pay stubs.
What happens if my TD payment is late?
A late indemnity payment is generally increased by 10 percent automatically under Labor Code §4650(d). Keep a log of payment dates.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including injured workers in workers’ compensation cases across California. We offer free virtual consultations to check whether your TD rate and payments are right. Contact us online or call (310) 853-3461.
This article is general information about California law as of 2026, not legal advice for your situation. Reading it does not create an attorney-client relationship.
