When you get hurt on the job in California, you’re entitled to benefits through the workers’ compensation system. Two of the most important are Temporary Disability (TD) and Permanent Disability (PD) — but what’s the difference? How much are they worth? And when do they apply?
At Employees First Labor Law, we break it down for you below so you can protect your rights and get the full compensation you deserve.
1. What Is Temporary Disability (TD)?
Temporary Disability benefits replace a portion of your lost wages while you’re recovering from a work-related injury or illness and unable to do your regular job.
There are two types:
- Temporary Total Disability (TTD): You can’t work at all, even modified duty.
- Temporary Partial Disability (TPD): You can work, but not as much or not at full pay.
✅ TD Benefit Highlights:
- Pays ⅔ of your gross weekly wages, up to a state maximum.
- No taxes are taken out.
- Starts after 3 days off work (unless you’re hospitalized or miss more than 14 days).
- Paid every 2 weeks during your recovery.
- You can receive up to 104 weeks within a 5-year window from the date of injury (Labor Code § 4656).
💡 Tip: If your employer offers light duty and you reject it without a valid reason, your TD benefits may be cut off.
2. What Is Permanent Disability (PD)?
Once your doctor says your condition has stabilized — meaning you’ve reached Maximum Medical Improvement (MMI) — you may qualify for Permanent Disability benefits.
PD compensates you for lasting impairments that limit your ability to work or live your life as you did before the injury.
✅ PD Benefit Highlights:
- Based on impairment ratings issued by your doctor and adjusted for age, occupation, and loss of future earning capacity.
- Paid every two weeks until the total amount is paid out.
- Amounts vary — higher ratings = higher compensation.
- If you’re 100% permanently disabled, you may qualify for lifetime benefits.
🛑 Important: Even if you return to work, you may still be eligible for PD if your injury left a measurable permanent impact.
3. Key Differences Between TD and PD
| Feature | Temporary Disability (TD) | Permanent Disability (PD) |
|---|---|---|
| Purpose | Replaces lost wages while recovering | Compensates for lasting impairment |
| Duration | Up to 104 weeks | Varies by impairment rating |
| Start Time | Shortly after injury | Begins once you reach MMI |
| Work Status | Must be unable to do usual work | Can still qualify even if working |
| Payment | Biweekly wage-loss replacement | Biweekly or lump sum (settlement) |
| Ends When | You return to work or reach MMI | When full PD amount is paid out |
4. What Happens at Maximum Medical Improvement (MMI)?
When your treating physician declares you P&S (Permanent & Stationary), you’ve hit MMI. At this point:
- TD benefits stop.
- Your doctor issues a Permanent Disability rating.
- The claims administrator reviews the report to determine if you’re owed PD.
- You may also become eligible for a Supplemental Job Displacement Benefit Voucher (SJDB) if you can’t return to your prior job.
📚 Learn more: P&S vs. MMI: What It Means for Your Case
5. Can I Get Both TD and PD?
Yes. Many injured workers receive TD while recovering and PD afterward if they’re left with residual issues. But the benefits don’t overlap — PD starts only after TD ends.
Example: You break your leg at work. You’re out for 6 months and get TD benefits. After healing, you’re left with a limp. The doctor gives you a 15% PD rating. You now qualify for PD payments based on that rating.
6. How EFLL Helps Maximize Your TD and PD Benefits
Insurance companies often:
- Underpay weekly TD benefits
- Lowball PD ratings
- Rush workers back to full duty prematurely
- Rely on biased doctors
We fight back by:
- Getting second opinions and QME evaluations
- Calculating your true wage loss and impairment
- Challenging unfair denials or delays
- Pushing for full-value settlements
7. Want to Settle Your Claim? Know Your Options
You may be able to resolve your case via:
- Stipulation with Request for Award (PD paid over time; future medical remains open)
- Compromise & Release (C&R): One-time lump sum for PD + closure of future medical
💬 Not sure which path is right? We’ll advise you based on your unique goals, medical needs, and job status.
8. Don’t Settle for Less — Get a Free Case Review
If you’re confused about whether you’re getting the right TD or PD benefits — or if you’ve reached MMI and aren’t sure what’s next — Employees First Labor Law is here to help.
📩 Schedule a consultation
📞 Call us now to speak with a workers’ comp attorney
