Labor Code §4656 – 104-Week Limit on TD Benefits

Labor Code §4656 limits temporary disability (TD) for most California work injuries on or after January 1, 2008, to 104 compensable weeks, paid within five years of the date of injury. A short list of severe conditions, plus certain cancers covered by the firefighter and peace officer presumption, can get up to 240 weeks.

The cap matters because TD is the paycheck replacement many injured workers rely on while they can’t work. For a 2026 injury, TD is two-thirds of your average weekly earnings, between $264.61 and $1,764.11 a week. A worker earning $1,200 a week would receive $800 a week in TD. Over the full 104 weeks, that is $83,200. When the cap is reached, those checks stop, even if you still can’t work.

This explainer covers what §4656 says, which cap applies to your date of injury, how the weeks are counted, the conditions that qualify for 240 weeks, common disputes and what happens after TD ends.

What Labor Code §4656 says

Section 4656 sets the maximum total (“aggregate”) temporary disability for a single injury. The rule depends on when you were hurt:

• §4656(c)(2), injuries on or after January 1, 2008. TD “shall not extend for more than 104 compensable weeks within a period of five years from the date of injury.”
• §4656(c)(3), listed conditions. For injuries on or after April 19, 2004, the limit is 240 compensable weeks within five years of the date of injury for: acute and chronic hepatitis B; acute and chronic hepatitis C; amputations; severe burns; HIV; high-velocity eye injuries; chemical burns to the eyes; pulmonary fibrosis; and chronic lung disease.
• §4656(d), cancers under the §3212.1 presumption. For an injury or condition defined in Labor Code §3212.1 that occurs on or after January 1, 2023, TD may extend to 240 compensable weeks. Section 3212.1 is the cancer presumption for active firefighters, certain peace officers and certain other public-safety employees who were exposed to a known carcinogen.
• Older injuries. Subdivisions (a), (b) and (c)(1) cover injuries before 2008, discussed below.

Subdivision (d) was added by SB 1127, effective January 1, 2023. Unlike the other subdivisions, its text does not include a five-year window.

By the numbers104 weeks

Who §4656 applies to

The cap applies to temporary disability benefits paid by an employer or its insurer under the workers’ compensation system. That includes temporary total disability (you can’t work at all) and temporary partial disability (you can work in a reduced capacity for less pay). It does not limit medical treatment or permanent disability.

Your date of injury decides which version of the cap applies:

Date of injury	TD limit	Subdivision
Before January 1, 1979	240 compensable weeks within 5 years of the injury	§4656(a)
Jan. 1, 1979 to April 18, 2004	Temporary partial disability: 240 weeks within 5 years	§4656(b)
April 19, 2004 to Dec. 31, 2007	104 compensable weeks within 2 years of the first TD payment	§4656(c)(1)
January 1, 2008 or later	104 compensable weeks within 5 years of the date of injury	§4656(c)(2)
April 19, 2004 or later, listed conditions	240 compensable weeks within 5 years of the date of injury	§4656(c)(3)
January 1, 2023 or later, §3212.1 cancers	240 compensable weeks	§4656(d)

For a cumulative trauma claim, the date of injury is set by Labor Code §5412, which can be years after symptoms first appeared. See our explainer on Labor Code §5412.

Watch: injured at work in California

Our attorneys explain what your employer must do after a work injury, and what to do in the first 24 hours to protect your claim.

How the 104 weeks and 5 years are counted

Two limits run at the same time, and whichever runs out first ends TD:

1. The week count. The statute counts “compensable weeks,” meaning weeks for which TD is payable. Time you spend back at your regular job, without TD, generally doesn’t use up weeks.
2. The five-year window. For injuries on or after 2008, TD cannot be paid more than five years after the date of injury, even if you have used fewer than 104 weeks.

💡 Example (hypothetical): Daniel hurts his back on February 10, 2026, and earns $1,200 a week, so his TD rate is $800. He is off work for 40 weeks, returns to his regular job for a year without TD, then has surgery and goes back on TD. He has 64 weeks left (104 − 40). Those weeks must fall within five years of his date of injury, which ends February 10, 2031. If he used all 104 weeks at $800, his total TD would be $83,200 (104 × $800).

One more timing rule: temporary total disability paid two or more years after the date of injury is computed using the TD minimum and maximum in effect on the date of payment (Labor Code §4661.5). That mainly matters for workers whose rate was set at the minimum or maximum.

The TD rate itself comes from Labor Code §4653 (two-thirds of average weekly earnings) and the annual minimum and maximum. For injuries in 2026 those are $264.61 and $1,764.11 a week. Our workers’ comp calculator estimates your rate.

Common disputes under §4656

How many weeks have really been used?

Payment logs aren’t always right. Weeks paid at the wrong rate, weeks of partial TD and gaps in payments can all affect the count. Ask the claims administrator for a benefit printout and check it against your own records.

Does my condition qualify for 240 weeks?

The list in §4656(c)(3) is specific. Disputes often turn on whether a burn is “severe,” whether a lung condition is “chronic lung disease,” or whether an eye injury was “high-velocity.” Those are medical-legal questions, usually decided on the medical reports.

Which date of injury controls?

In cumulative trauma cases, a later date of injury can mean a later five-year window and a different TD rate.

Was TD cut off early?

The 104-week cap is not the only reason TD ends. TD also stops when you return to work, when your doctor releases you to work, or when you reach maximum medical improvement (permanent and stationary status). A cutoff for one of those reasons can be challenged through the medical-legal process.

---

What happens when TD runs out

Hitting the cap ends TD, but not the rest of your claim:

• Permanent disability payments start. Under Labor Code §4650(b), when the last TD payment is made under §4656(c), the employer generally must start paying permanent disability within 14 days. It must keep paying its reasonable estimate even if your final rating hasn’t been determined. (A narrow exception applies when the employer offers, or you are working in, a job at set percentages of your pre-injury pay.) See Labor Code §4650.
• Medical treatment continues. The TD cap does not limit treatment for the injury.
• Return-to-work benefits. For injuries on or after 2013, a worker with permanent disability whose employer doesn’t offer qualifying work may get a $6,000 supplemental job displacement voucher (Labor Code §4658.7). Voucher recipients may qualify for the $5,000 Return-to-Work Supplement.
• Other income programs. Depending on your situation, you may be able to apply for State Disability Insurance or other benefits. Read whether you can receive workers’ comp and SDI at the same time and check with the EDD.

By the numbers240 weeks

What to do if you’re nearing 104 weeks

1. Count your weeks. Request a payment history and compare it with your own records.
2. Check your date of injury. Find out which subdivision applies and when your five-year window closes.
3. Ask whether you qualify for 240 weeks. If your condition is on the §4656(c)(3) list, or is a §3212.1 cancer, make sure the medical reports say so.
4. Plan for the transition. Ask how and when permanent disability advances will start, and keep up with medical treatment.
5. Get advice before you settle. Your TD history affects what your case is worth. Our guide to TD vs. PD benefits explains the difference.

---

Related Labor Code sections

• §4650: timing of TD payments, and when PD must begin after the last TD payment.
• §4653: TD equals two-thirds of average weekly earnings.
• §4661.5: Temporary total disability paid two or more years after the injury uses the rate limits in effect on the payment date.
• §3212.1: the cancer presumption referenced in §4656(d).
• §4850: salary continuation for certain public-safety employees. See Labor Code 4850.
• §5410: reopening within five years if the injury causes new and further disability. See our Labor Code §5410 explainer.

---

Frequently asked questions

Is the 104-week limit two years?

Not exactly. For injuries on or after 2008, it is 104 weeks of TD that can be spread over up to five years from the date of injury. If you return to work for a while, the weeks you aren’t receiving TD generally don’t count.

Can TD go past 104 weeks?

Yes, but only for the conditions listed in §4656(c)(3), such as amputations, severe burns, HIV, hepatitis B or C, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis and chronic lung disease (up to 240 weeks within five years), and for §3212.1 cancers on or after 2023 (up to 240 weeks).

What if I still can’t work after my TD ends?

Permanent disability payments should begin, and medical treatment continues. If you can’t return to your job, you may also have job displacement benefits and other options. Talk to an attorney about your specific situation.

Does the cap apply to my medical treatment?

No. Section 4656 limits temporary disability payments only.

Does TD stop exactly five years after my injury?

For injuries on or after 2008, TD cannot be paid for periods more than five years after the date of injury, even if you haven’t used all 104 weeks.

Why did my TD rate change after two years?

Labor Code §4661.5 says temporary total disability paid two or more years after the date of injury uses the TD minimum and maximum in effect on the date of payment. If your rate was at the old minimum or maximum, it can go up when those limits rise.

---