In this guide11 sections
- Key takeaways
- TD and PD at a glance
- What temporary disability covers
- How much TD pays in 2026
- When TD starts, how often it’s paid, and when it ends
- What permanent disability covers
- How much PD pays
- The handoff from TD to PD
- Common TD and PD problems and what to do
- Frequently asked questions
- Talk to a California workers’ comp lawyer
In California workers’ comp, temporary disability (TD) replaces two-thirds of your lost wages while you heal and can’t do your usual job. Permanent disability (PD) pays you for the lasting impairment that remains after your doctor finds you have reached maximum medical improvement. TD comes first; PD, if you have a permanent impairment, comes after. Knowing when one ends and the other starts helps you catch underpayments and gaps in your checks.
Key takeaways
- For 2026 injuries, TD pays two-thirds of your average weekly earnings, between $264.61 and $1,764.11 a week.
- For injuries on or after January 1, 2014, PD pays between $160 and $290 a week for any rating under 100%, for a number of weeks set by your rating.
- TD is generally limited to 104 compensable weeks within five years of the injury, or 240 weeks for nine listed conditions (Labor Code §4656).
- When TD ends, PD advances must generally start within 14 days of the last TD payment (Labor Code §4650(b)).
- Late TD or PD payments are increased by 10% under Labor Code §4650(d), with limited exceptions.
TD and PD at a glance
The TD figures below apply to 2026 injuries. The PD figures apply to injuries on or after January 1, 2014.
| Feature | Temporary disability (TD) | Permanent disability (PD) |
|---|---|---|
| What it pays for | Lost wages while you recover | Lasting impairment after you stop improving |
| Who qualifies | A doctor says you can’t do your usual job, or your employer can’t accommodate your restrictions | A doctor finds a permanent impairment once you are permanent and stationary (MMI) |
| Weekly formula | Two-thirds of average weekly earnings (Labor Code §4653) | Two-thirds of average weekly earnings, within fixed limits (Labor Code §§4453, 4658) |
| 2026 weekly range | $264.61 to $1,764.11 | $160 to $290 |
| First payment due | Within 14 days after the employer knows of the injury and disability (Labor Code §4650(a)) | Within 14 days after the last TD payment (Labor Code §4650(b)) |
| How long | Up to 104 weeks within 5 years of injury; 240 weeks for nine listed conditions | A set number of weeks based on your rating (Labor Code §4658(e)); for life at 100% |
What temporary disability covers
Temporary disability is the wage-replacement benefit you receive while you are recovering from a work injury or illness. There are two kinds:
- Temporary total disability (TTD): your doctor says you can’t work at all, or your employer can’t offer work within your restrictions.
- Temporary partial disability: you can work, but only reduced hours or a lower-paying job while you heal.
Under Labor Code §4652, TD isn’t paid for the first three days off work unless the disability lasts more than 14 days or you are hospitalized as an inpatient; then it is paid back to the first day.
If your employer offers light-duty work within your restrictions, TTD generally stops, but if that job pays less, you may receive temporary partial disability. See our temporary disability benefits page.
How much TD pays in 2026
Temporary total disability is two-thirds of your average weekly earnings (Labor Code §4653), within a minimum and maximum the Division of Workers’ Compensation (DWC) sets each year.
For 2026 injuries, TD is at least $264.61 and at most $1,764.11 a week (DWC announcement). You reach the maximum at average weekly earnings of about $2,646, and get the minimum below about $397. Average weekly earnings can include overtime and pay from other jobs, so check the insurer’s math.
Under Labor Code §4661.5, TD paid two years or more after the injury uses the minimum and maximum in effect on the payment date, so a worker at the cap may see the rate go up.
Temporary partial disability works differently: it is two-thirds of your weekly wage loss, meaning the difference between what you earned before and what you can earn while recovering (Labor Code §§4654, 4657).
Hypothetical example: Maria earns $1,200 a week as a warehouse lead and hurts her shoulder in 2026. While she is off work, her TD is two-thirds of $1,200, or $800 a week. Later, her employer offers part-time light duty paying $600 a week. Her wage loss is $600, so her temporary partial disability is two-thirds of $600, or $400 a week, in addition to her $600 paycheck. To run your own numbers, try our workers’ comp benefits calculator.
When TD starts, how often it’s paid, and when it ends
Labor Code §4650 sets firm deadlines. The first TD payment is due no later than 14 days after your employer knows about the injury and your disability, unless the claim is denied first. After that, TD is paid every two weeks. If a payment is late, the late amount is increased by 10% and must be paid without you having to ask. Limited exceptions apply, for example when the insurer tells you within the 14 days why it can’t yet decide, what it needs and when it expects to decide.
For injuries on or after January 1, 2008, TD for one injury can’t exceed 104 compensable weeks within five years of the date of injury (Labor Code §4656(c)(2)). Up to 240 weeks are allowed for nine listed conditions, including amputations, severe burns, HIV, hepatitis B or C and chronic lung disease (§4656(c)(3)), and for certain cancers covered by Labor Code §3212.1 (§4656(d)).
TD usually ends at the first of these events:
- You go back to your regular job, or to modified work at your full wages.
- Your doctor finds you have reached maximum medical improvement, also called permanent and stationary (P&S).
- You use up the 104 (or 240) weeks.
Being fired or laid off doesn’t, by itself, end your right to TD if you are still medically disabled.
What permanent disability covers
Permanent disability pays for an impairment that remains after you have healed as much as you are going to. It isn’t wage replacement, so you can receive PD while working full time.
PD is based on a rating from 0% to 100%. For injuries on or after January 1, 2013, Labor Code §4660.1 sets the formula: a doctor measures your whole person impairment (WPI) under the AMA Guides, Fifth Edition; the WPI is multiplied by an adjustment factor of 1.4; and the result is then adjusted for your occupation and your age at the time of injury.
How much PD pays
PD is also two-thirds of your average weekly earnings, but the limits are much lower than for TD. For injuries on or after January 1, 2014, the weekly PD rate is $160 to $290 for any rating under 100% (Labor Code §§4453(b), 4658). Anyone earning about $435 a week or more gets the $290 maximum. These limits are fixed by statute and don’t rise with inflation.
Your rating decides how many weeks you are paid. Under Labor Code §4658(e), the weeks per percentage point increase as the rating rises:
| PD rating | Weeks of PD | Total at the $290 maximum rate |
|---|---|---|
| 10% | 30.25 | $8,772.50 |
| 15% | 50.5 | $14,645 |
| 25% | 100.75 | $29,217.50 |
Hypothetical example, continued: After treatment, Maria reaches MMI with a 15% rating. Because she earned more than $435 a week, her PD rate is $290. Her PD totals 50.5 weeks × $290 = $14,645, paid every two weeks.
Ratings of 70% or more add a life pension after the PD weeks run out, and a 100% rating (permanent total disability) is paid for life (Labor Code §4659). For every rating, see how much permanent disability pays in California.
The handoff from TD to PD
The switch from TD to PD is where payments often stall. Under Labor Code §4650(b):
- PD must start within 14 days after your last TD payment. The insurer pays based on its reasonable estimate of your PD until the rating is final.
- If TD ended because you reached the 104-week limit, PD payments still have to start on time, even if your rating can’t be determined yet.
- Before a PD award, the insurer doesn’t have to make these advance payments if your employer has offered you a job paying at least 85% of your pre-injury wages, or you are already earning 100% or more. When the award is made, PD is owed back to the date TD ended or the date you became permanent and stationary, whichever is earlier.
If your injury happened in 2013 or later and caused permanent partial disability, you may also receive a Supplemental Job Displacement Benefit voucher worth up to $6,000 for retraining, if your employer doesn’t offer regular, modified or alternative work lasting at least 12 months within 60 days after the claims administrator receives the doctor’s permanent and stationary report (Labor Code §4658.7).
At this stage your case may be ready to settle by stipulated award or compromise and release; compare them in how to settle your workers’ comp case.
Common TD and PD problems and what to do
- A TD rate based on base pay only, leaving out overtime or a second job.
- Late TD checks with no 10% increase added.
- A gap at the handoff: TD stops when your doctor finds you permanent and stationary, and no PD arrives within 14 days.
- A low PD rating built on the wrong formula, or a medical report that leaves out injured body parts.
If something looks wrong, ask the claims administrator in writing how your rate was calculated, keep your pre-injury pay stubs, and log every payment date and amount. Don’t accept a rating or settlement until someone has checked the math.
Frequently asked questions
What is the maximum TD rate in California for 2026?
For 2026 injuries, the maximum temporary total disability rate is $1,764.11 a week and the minimum is $264.61, according to the DWC. For 2025 injuries, the range is $252.03 to $1,680.29.
Can I get TD and PD at the same time?
For the same injury, PD normally begins after TD ends, so you generally don’t receive both for the same weeks. If your condition worsens and your doctor takes you off work again, TD can restart if you have TD weeks left within the five-year window.
Are TD and PD payments taxable?
Workers’ compensation benefits are generally not taxable income under federal tax rules. If you also receive Social Security disability, ask how the two benefits interact.
Does PD stop if I go back to work?
No. PD compensates you for a permanent impairment, not lost wages, so you can work and still receive it. Returning to work can affect the timing of advance PD payments before an award, but not the amount you are owed.
Talk to a California workers’ comp lawyer
Employees First Labor Law represents workers exclusively, including injured workers in California workers’ comp cases. We offer free virtual consultations to review your TD rate, payment history and PD rating. 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.
