In this guide10 sections
- Key takeaways
- What Labor Code §4650 says
- The 14-day clock for your first TD check
- The automatic 10% increase for late payments
- A late payment example
- When delays become an unreasonable-delay penalty
- How long TD lasts and what comes next
- What to do if your TD check is late
- Frequently asked questions
- Talk to a California workers’ comp lawyer
Under Labor Code §4650, your first temporary disability (TD) check in a California workers’ comp case is generally due within 14 days after your employer knows about your injury and that it keeps you off work. After that, TD must be paid every two weeks. If a payment is late, the law generally adds 10% to it automatically, with no need to prove the delay was intentional.
Key takeaways
- The first TD payment is due no later than 14 days after the employer learns of the injury and the disability (Labor Code §4650(a)).
- Later TD and permanent disability (PD) payments are due every two weeks, on the day set by the first payment (§4650(c)).
- A late payment is generally increased by 10%, paid to you without a hearing (§4650(d)). Unreasonable delays can bring a larger penalty of up to 25% under Labor Code §5814.
- When TD ends and you have permanent disability, the first PD payment is due within 14 days (§4650(b)).
What Labor Code §4650 says
| Subdivision | What it requires |
|---|---|
| §4650(a) | First TD payment no later than 14 days after knowledge of the injury and disability, unless liability was denied before then |
| §4650(b) | First PD payment within 14 days after the last TD payment, based on a reasonable estimate until PD is determined, with a limited job-offer exception |
| §4650(c) | Later TD or PD payments every two weeks |
| §4650(d) | A late payment is increased by 10% and paid to the employee automatically, with limited exceptions |
| §4650(e)–(g) | How insurers and employers split the cost of the 10% increase, and what counts as a salary continuation plan |
The 14-day clock for your first TD check
The clock starts when your employer has knowledge of both the injury and the disability, which generally means your doctor has taken you off work or limited your work in a way your employer can’t accommodate. That’s one reason to report your injury right away and give your employer a copy of every work status note.
A few related rules affect your first check:
- Three-day waiting period. Under Labor Code §4652, TD isn’t paid for the first three days of disability unless the disability lasts more than 14 days or you are hospitalized as an inpatient. In either case, TD is paid from the first day.
- How much you get. TD is two-thirds of your average weekly earnings (Labor Code §4653), within limits that change each year. For injuries in 2026, TD is at least $264.61 and at most $1,764.11 a week. If you can do some work at reduced pay, temporary partial disability is generally two-thirds of your lost wages (§4654).
- Payments for the period already owed. Any TD due for the time before the first payment is paid with that first check.
Our guide to temporary disability benefits covers eligibility in more detail.
The automatic 10% increase for late payments
Section 4650(d) says that if an indemnity payment isn’t made on time, the amount of the late payment is increased by 10% and paid directly to you. You don’t have to file a petition or prove bad faith. The insurer is supposed to add it on its own.
The 10% increase doesn’t apply in three situations:
- Payments due before, or within 14 days after, you submit your claim form (DWC-1) to your employer.
- The first 14-day period, if the insurer can’t yet tell whether TD is owed and sends you a notice explaining why, what information it needs and when it expects to decide.
- Periods when your employer keeps paying you through a qualifying salary continuation plan.
A late payment example
Here is a hypothetical. Denise, a warehouse picker, hurts her shoulder and turns in her claim form on March 2. Her doctor takes her off work that day. Her average weekly earnings are $900, so her TD rate is $600 a week. Her first check arrives on time and sets a Friday payment schedule, every two weeks.
In May, a two-week check of $1,200 arrives a week late. Because that payment came due long after the first 14 days following her claim form, §4650(d) generally increases it by 10%, an extra $120. If the insurer keeps paying late or ignores the increase, Denise may ask a workers’ comp judge for the larger penalty under §5814.
When delays become an unreasonable-delay penalty
The 10% increase covers ordinary lateness. For payments that are unreasonably delayed or refused, Labor Code §5814 allows the judge to increase the delayed amount by up to 25% or $10,000, whichever is less. A request for that penalty generally must be brought within two years from the date the payment was due. An insurer that discovers its own violation before you claim a penalty may self-impose a 10% penalty within 90 days instead. See Labor Code §5814 penalties for how these claims work.
How long TD lasts and what comes next
For injuries on or after January 1, 2008, TD generally can’t exceed 104 compensable weeks within five years of the injury, with longer limits for certain serious injuries. See the 104-week TD limit. TD paid two or more years after the injury uses the minimum and maximum in effect on the date of payment (Labor Code §4661.5), so your rate may rise.
When TD ends and the injury left permanent disability, §4650(b) requires the first PD payment within 14 days of the last TD payment. Read how PD is calculated in Labor Code §4658.
What to do if your TD check is late
- Write down the dates. Note when you reported the injury, when you turned in the claim form and when each doctor’s note took you off work.
- Track every payment. Keep the check stubs or deposit records and compare them to the two-week schedule.
- Contact the adjuster in writing. Ask when payment was issued and whether the 10% increase was included. Keep a copy.
- Check the amount. Make sure the rate matches two-thirds of your average weekly earnings, including overtime and second jobs where they apply. Our workers’ comp benefits calculator can help.
- Get help. The DWC Information and Assistance Unit gives free information to injured workers, and a lawyer can pursue penalties if delays continue.
Frequently asked questions
When should my first workers’ comp check arrive?
Generally within 14 days after your employer knows you were hurt and can’t work, unless the insurer denies the claim within that time.
Do I get paid for the first three days?
Only if your disability lasts more than 14 days or you are hospitalized as an inpatient. Otherwise the first three days are a waiting period.
Is the 10% late payment increase automatic?
Yes, in most cases. Section 4650(d) says the increased amount is paid to you without an application, subject to the exceptions above.
My claim is still being investigated. Do I get TD?
It depends. If the insurer can’t yet decide whether TD is owed, it must send you a notice explaining what it needs and when it expects to decide. A claim not denied within 90 days of the claim form is generally presumed covered (see Labor Code §5402).
How often are TD payments made?
Every two weeks, on the day set by the first payment.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including injured workers whose disability checks are late, short or cut off. We offer free virtual consultations to review your payment history and your options. 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.
