In this guide11 sections
Labor Code §4658 sets how many weeks of permanent disability (PD) payments you get after a California work injury leaves you with lasting impairment. Your PD rating, expressed as a percentage, determines the number of weeks, and your earnings determine the weekly amount within limits set by law. Multiply the two and you have the basic value of your PD award.
Key takeaways
- Section 4658 converts your final PD rating into a number of payment weeks. The higher the rating, the more weeks per percentage point.
- For injuries on or after January 1, 2014, the PD weekly rate is two-thirds of your average weekly earnings, between $160 and $290 a week for any rating under 100%.
- The first PD payment is generally due within 14 days after temporary disability ends, then every two weeks (Labor Code §4650).
- For injuries in 2013 or later, the old 15% increase or decrease tied to job offers no longer applies. Instead, you may qualify for a $6,000 Supplemental Job Displacement Benefit voucher.
- Ratings of 70% or more add a life pension, and 100% is permanent total disability under Labor Code §4659.
What Labor Code §4658 says
Section 4658 contains a payment schedule. Each band of PD percentage is worth a set number of weeks per percentage point, and the weeks are cumulative, so a higher rating adds weeks at a faster pace. Different subdivisions apply depending on your date of injury:
- §4658(d): injuries on or after January 1, 2005.
- §4658(e): injuries on or after January 1, 2013. It uses the same weeks schedule as (d) but drops the 15% adjustments described below.
If your permanent disability is total (100%), §4658(e)(2) sends you to Labor Code §4659, which pays benefits for life.
The weeks schedule
| Rating range | Weeks for each 1% in this range | Cumulative weeks at the end of the range |
|---|---|---|
| 0.25% – 9.75% | 3 | 29.25 |
| 10% – 14.75% | 4 | 49.25 |
| 15% – 24.75% | 5 | 99.25 |
| 25% – 29.75% | 6 | 129.25 |
| 30% – 49.75% | 7 | 269.25 |
| 50% – 69.75% | 8 | 429.25 |
| 70% – 99.75% | 16 | 909.25 |
Ratings are calculated in quarter-percent steps. A few reference points from the schedule: 10% equals 30.25 weeks, 20% equals 75.5 weeks, 50% equals 271.25 weeks and 70% equals 433.25 weeks.
The weekly PD rate
Your weekly PD payment is two-thirds of your average weekly earnings, but Labor Code §4453(b) sets a floor and a ceiling. For injuries on or after January 1, 2014, the PD rate is at least $160 and at most $290 a week for every rating under 100%. Unlike temporary disability, these PD limits are fixed in the statute and don’t rise each year.
That means most full-time workers hit the $290 maximum. You only need average weekly earnings of $435 to reach it.
A worked example
Here is a hypothetical. Luis, a forklift operator, hurt his back in 2024. He earned $800 a week, so two-thirds of his earnings is about $533, which is capped at $290. His final PD rating is 20%.
- Weeks for a 20% rating: 75.5
- Weekly rate: $290
- Total PD: 75.5 × $290 = $21,895
If apportionment cut his rating to 10%, his PD would drop to 30.25 weeks, or $8,772.50. Small changes in the rating move real money, which is why the medical reports behind it matter so much. Our workers’ comp benefits calculator runs these numbers for you.
Where the rating comes from
Section 4658 only converts a rating into dollars. The rating itself comes from Labor Code §4660.1 and the Permanent Disability Rating Schedule. For injuries on or after January 1, 2013, a doctor measures your whole person impairment (WPI) under the AMA Guides, 5th Edition. That number is multiplied by 1.4 and then adjusted for your occupation and age.
The insurer may also argue that part of your disability came from something other than the work injury. That is apportionment under Labor Code §4663. For the rating steps in more detail, see our guide to the Permanent Disability Rating Schedule.
When PD payments start
Under Labor Code §4650(b), if your injury causes permanent disability, the first PD payment is due within 14 days after your last temporary disability payment. Until your rating is final, the insurer pays based on its reasonable estimate of your PD, and later payments come every two weeks.
There is an exception. The insurer doesn’t have to pay PD before an award if your employer has offered you a job paying at least 85% of your pre-injury wages and compensation, or you are working in a job paying at least 100%. Late PD payments are generally increased by 10% under §4650(d).
The 15% adjustment and the SJDB voucher
For injuries from 2005 through 2012, §4658(d) raised remaining PD payments by 15% if an employer with 50 or more employees didn’t offer regular, modified or alternative work within 60 days after you became permanent and stationary. It cut payments by 15% if the employer did make a qualifying offer.
For injuries on or after January 1, 2013, those adjustments are gone. Instead, if you have permanent partial disability and your employer doesn’t offer suitable regular, modified or alternative work, you may receive a $6,000 Supplemental Job Displacement Benefit voucher for retraining or skill enhancement. Voucher recipients may also qualify for a one-time $5,000 payment from the Return-to-Work Supplement Program.
How to protect your PD benefits
- Get every medical-legal report. Read the WPI numbers and check that every injured body part and every consequence of the injury is rated.
- Check your earnings figure. If you earned less than $435 a week, a wrong average weekly earnings number lowers every payment.
- Watch the timing. Note when TD ended and when the first PD check arrived. Late payments can carry penalties.
- Challenge a low rating on time. Rating disputes go through the QME or AME process. See Labor Code §4061 for how they work.
- Don’t settle blind. Before accepting a stipulated award or compromise and release, compare the offer with what the schedule would pay.
Frequently asked questions
How much is each percentage point of PD worth?
It depends on where the point falls in the schedule. At the $290 maximum, each point in the 15% to 24.75% band adds 5 weeks, or $1,450, while each point from 70% up adds 16 weeks, or $4,640.
Does my PD rate go up every year like TD?
No. For injuries on or after 2014, PD is fixed at $160 to $290 a week. Only life pension and total disability payments for injuries on or after 2003 get yearly increases under §4659.
Can I get PD payments before my case settles?
Usually yes. Payments generally start within 14 days after TD ends, based on the insurer’s estimate, unless the job-offer or return-to-work exception applies.
Can I get PD paid in a lump sum?
PD is paid every two weeks by default. A lump sum usually comes through a settlement, such as a compromise and release, which a workers’ comp judge must approve.
What happens if my rating is 70% or higher?
You receive the regular PD weeks under §4658 and then a life pension under §4659. A 100% rating is permanent total disability and pays for life.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including injured workers whose PD ratings and payments are in dispute. We offer free virtual consultations to review your reports, your rating and what the schedule should pay. 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.
