How much will workers' comp pay me while I can't work?
Temporary disability, or TD, replaces part of your paycheck while your doctor keeps you home or on fewer hours.
Questions about your case? Call (323) 656-9040.
About two-thirds of the gross pay you're missing, inside a 2026 range of $264.61 to $1,764.11 a week. The first check is due within 14 days of your employer knowing you're hurt and off work. For most injuries it can run up to 104 weeks within five years.
Do the math on your own check
Say you made $900 a week before taxes and now you're making nothing. Two-thirds of $900 is $600. That's roughly your weekly TD. If you're back on light duty earning $500, you're short $400, and TD covers two-thirds of that gap, about $267. The first kind is called temporary total disability. The second is temporary partial.
The number that drives all of this is your average weekly wage. It can include overtime, a second job, and some benefits your employer paid for. Insurers don't always count those, which is the most common reason a check comes in low.
The checks come from your employer's insurance company (the claims administrator), not from payroll. And you don't pay tax on them.
| Item | 2026 |
|---|---|
| Weekly maximum | $1,764.11 (up from $1,680.29 in 2025) |
| Weekly minimum | $264.61 (up from $252.03) |
| Rate | About two-thirds of lost gross wages |
| Limit for most injuries | 104 weeks of payments within 5 years of the injury |
Sources: California Department of Industrial Relations, 2026 temporary total disability rates; DWC Injured Worker Guidebook, Chapter 5.
When the money is supposed to show up
The first three days you miss aren't paid. That changes if you end up out more than 14 days or get admitted to the hospital, and then those three days get paid too. The day you got hurt counts as one of the three, unless your employer paid you a full day for it (Labor Code section 4652).
After that, the first check is due within 14 days of your employer knowing about the injury and the time off, and then every two weeks (Labor Code section 4650). Late checks get bumped up 10 percent automatically. If the insurer unreasonably delays or refuses, a judge can add up to 25 percent, capped at $10,000. Write down the date and amount of every check you get. That's how you'll know.
Sources: California Labor Code § 4652, § 4650; DWC Guidebook, Chapter 5.
You can reach our office at (323) 656-9040.
How long it lasts
For injuries since 2008, the cap is 104 weeks of payments inside five years from the date of injury (Labor Code section 4656). The weeks don't have to be in a row. Go back to work for six months, get hurt again from the same injury, and the earlier weeks still count toward the 104.
A short list of serious conditions can get up to 240 weeks: amputations, severe burns, hepatitis B or C, HIV, high-velocity eye injuries, chemical burns to the eyes, pulmonary fibrosis and chronic lung disease.
TD also ends when your doctor clears you for your regular job, or says you're "permanent and stationary," meaning you've stopped improving even with treatment. That's the point where whatever limits you're left with get rated for permanent disability.
Source: California Labor Code § 4656.
Four reasons your check is wrong or stopped
They lowballed your wage
Overtime, a second job and irregular hours get left out all the time. Put your pay stubs from the year before the injury next to the rate on your benefit notice. If the math doesn't match, it's worth a call.
One doctor's report cut you off
A single note saying you can go back to work can stop TD cold, even if you can barely lift a gallon of milk. You can challenge it, and one of the main ways is a QME evaluation.
Your employer offered "modified work"
If the job really fits your restrictions, TD may stop or drop to partial. If it doesn't fit, tell your doctor and talk to a lawyer before you turn it down. The returning to work guide covers how those offers work.
The claim got denied
No accepted claim, no TD, until the denial is overturned. Start with our page on denied claims.
Questions about the checks
Do I get TD while they're still investigating?
The insurer has up to 90 days after you file the claim form to accept or deny it, and if it doesn't deny it in time, the claim is presumed covered. It has to authorize up to $10,000 in treatment in the meantime. Whether TD gets paid during the investigation depends on your case, so have someone look at your dates (Labor Code section 5402).
Does a lawyer take a cut of my TD?
A workers' comp lawyer's fee has to be approved by a judge. The state says it's typically 9 to 15 percent of your final permanent disability settlement or award, and you don't pay anything up front.
What happens after week 104?
TD stops, but medical care and permanent disability don't automatically end with it. If you're still hurt at that point, make sure your permanent disability rating is actually moving.
Sources: Labor Code § 5402; DWC Guidebook, Chapter 11.
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