THE SHORT ANSWER
Read this first: which rate applies to you depends on which benefit it is. Temporary disability uses the rate in effect on your date of injury, and it does not change afterward — with one exception below. Permanent disability uses the schedule in effect on your date of injury. Mileage uses the rate in effect on the date you traveled, regardless of your date of injury. Getting this right is the difference between a correct figure and a confidently wrong one.
On this page
Temporary disability — 2026
Temporary disabilityTD / TTD / TPD Temporary Disability, Total or Partial. Wage replacement while recovering. Two-thirds of average weekly earnings; 2026 maximum $1,764.11/week. is two-thirds of your average weekly earnings, subject to a statutory floor and ceiling. It is generally not taxed.
| 2026 | AMOUNT |
|---|---|
| Minimum weekly TD rate | $264.61 |
| Maximum weekly TD rate | $1,764.11 |
| Earnings at or below which the minimum applies | $396.91 / week |
| Earnings at or above which the maximum applies | $2,646.16 / week |
| Temporary disability — 2026 | MINIMUM | MAXIMUM |
|---|---|---|
| 2026 | $264.61 | $1,764.11 |
| 2025 | $252.03 | $1,680.29 |
| 2024 | $242.86 | $1,619.15 |
| 2023 | $242.86 | $1,619.15 |
| 2022 | $230.95 | $1,539.71 |
| 2021 | $203.44 | $1,356.31 |
| 2020 | $194.91 | $1,299.43 |
A trap in the 2022 figures. DWCDWC Division of Workers’ Compensation, part of the Department of Industrial Relations. Administers the system. Information Services Center: 1-800-736-7401. first announced that 2022 rates would remain unchanged at $203.44 / $1,356.31 (Newsline 2021-93), relying on data showing the state average weekly wage declining. That was superseded by Newsline 2021-109 (October 25, 2021), which announced an increase to $230.95 / $1,539.71 on a corrected figure.
Source: DWC Newsline 2025-116, November 21, 2025. State average weekly wage $1,789 (+4.98826%).
The one exception to “date of injury governs”
Two conditions, both easy to miss: the payment has to fall two years or more past the date of injuryDate of injury For a cumulative or occupational disease claim, the law sets it as when you first suffered disability and knew or should have known it was work-related — not when the wear began. Almost every deadline runs off this., and the rule reaches temporary total disability. A 2025 injury paid in 2026 does not get the 2026 cap.
A worker injured in 2020 (max $1,299.43) who is still receiving temporary disability in 2026 should be paid at $1,764.11 — a difference of $464.68 per week, roughly $24,163 a year. This is checkable against your payment history, and it is missed.
LABOR CODE § 4661.5
Where a temporary TOTAL disability payment is made two years or more after the date of injury, that payment is computed at the earnings figures in effect on the date the payment is made — not the injury year’s.
HOW LONG TD LASTS
Generally 104 compensable weeks within five years of the date of injury.
NINE CONDITIONS GET 240 WEEKS INSTEAD — § 4656(c)(3)
Acute and chronic hepatitis B · acute and chronic hepatitis C · amputations · severe burns · HIV · high-velocity eye injuries · chemical burns to the eyes · pulmonary fibrosis · chronic lung disease. 136 additional weeks. At the 2026 maximum, $239,918.96.
Why the 240-week list is missed so often The 2026 TD rates in full
Permanent disability — weekly rates
Permanent disabilityPD Permanent Disability. Compensation for lasting impairment. A different and much lower weekly rate — 2026 maximum $290/week. is also two-thirds of average weekly earnings, but against a different and much lower set of earnings limits, which do not adjust annually.
| Compared | RATING | WEEKLY PD RATE |
|---|---|---|
| On or after 1/1/2014 | Any | $160.00 – $290.00 |
| 1/1/2013 – 12/31/2013 | Under 55% | $160.00 – $230.00 |
| 1/1/2013 – 12/31/2013 | 55% – 69.75% | $160.00 – $270.00 |
| 1/1/2013 – 12/31/2013 | 70% – 99.75% | $160.00 – $290.00 |
| 1/1/2006 – 12/31/2012 | Under 70% | $130.00 – $230.00 |
| 1/1/2006 – 12/31/2012 | 70% – 99.75% | $130.00 – $270.00 |
Note the gap. The 2026 temporary disability maximum is $1,764.11 a week. The permanent disability maximum is $290.00 a week. They are not the same benefit and they are not close.
Derived from the average weekly earnings limits in Labor Code § 4453(b) at two-thirds.
How a rating becomes money
The percentage converts to weeks, and the weeks convert to dollars.
THE § 4658 SCHEDULE IS CUMULATIVE, NOT FLAT
The law provides that the figures “shall be cumulative.” Higher ratings earn more weeks per point — 3 weeks per point in the lowest band, rising to 16 weeks per point from 70% to 99.75% — and each band’s weeks are added to the bands below it, not substituted for them. A calculator that multiplies the whole rating by a single band’s figure is wrong in both directions.
| RATING | WEEKS OF PERMANENT DISABILITY |
|---|---|
| 5% | 15.00 |
| 10% | 30.25 |
| 15% | 50.50 |
| 20% | 75.50 |
| 30% | 131.00 |
| 50% | 271.25 |
| 70% | 433.25 |
| 75% | 513.25 |
| 99% | 897.25 |
The full arithmetic How to read your rating string
Then: weeks × your weekly PD rate = the award, less permanent disability advances already paid.
Life pension — 70% to 99%
And the average weekly earnings in that formula are capped at $515.38, a figure unchanged since January 1, 2006.
LABOR CODE § 4659(a)
“1.5 percent of the average weekly earnings for each 1 percent of disability in excess of 60 percent” — paid for life after the permanent disability award is exhausted.
| Life pension — 70% to 99% | POINTS OVER 60 | STARTING WEEKLY LIFE PENSION |
|---|---|---|
| 70% | 10 → 15% | $77.31 |
| 80% | 20 → 30% | $154.61 |
| 90% | 30 → 45% | $231.92 |
| 99% | 39 → 58.5% | $301.50 |
It escalates. The law increases life pensionLife pension Payable at 70%–99% after the PD award is exhausted. § 4659(a): 1.5% of average weekly earnings per point above 60 — with earnings capped at $515.38 since 2006. and total disability payments annually by the percentage increase in the state average weekly wage. Under Baker v. WCABWCAB Workers’ Compensation Appeals Board. The court system that decides these cases. 23 district offices statewide. (2011) 52 Cal.4th 434, those increases commence on the January 1 following the date the worker first becomes entitled to and actually begins receiving the payments — not retroactively.
100% permanent total disability
§ 4659(b): the indemnity based on average weekly earnings is paid during the remainder of life — the temporary disability rate, for life.
| WHAT DIFFERS | WEEKLY |
|---|---|
| 99% permanent disability | Life pension up to $301.50 |
| 100% permanent disability | Up to $1,764.11 (2026), for life, plus annual COLA |
Roughly $1,460 a week. About $76,000 a year. For one rating point. It is the largest discontinuity in California workers’ compensation.
Death benefits
| SITUATION | BENEFIT |
|---|---|
| One total dependent | $250,000 |
| One total dependent + partial dependents | $250,000 + 4× annual support to partials, capped at $290,000 |
| Two total dependents | $290,000 |
| Three or more total dependents | $320,000 |
| Partial dependents only | 8× annual support, capped at $250,000 |
| No dependents | $250,000 to the State |
| Burial expenses (injuries on/after 1/1/2013) | $10,000 |
The deadline is the danger. The law bars proceedings more than one year after the date of death, nor more than 240 weeks from the date of injury. The 240 weeks is not absolute — § 5406(a) excepts §§ 5406.5, 5406.6 and 5406.7, and the law reaches 420 weeks for a death from a § 3212.1 cancer, § 3212.6 tuberculosis or § 3212.8 blood-borne infectious disease.
Why that can expire before the death
Paid in installments at the temporary disability rate, not less than $224 per week. And payments to totally dependent minors continue until the youngest turns 18 — past the face amount — for life where a dependent child is incapacitated from earning.
Amounts are for injuries on or after January 1, 2006 and have not changed since.
Medical mileage
Uses the rate in effect on the date of travel — not your date of injury.
AND FOR AN EMPLOYER-REQUESTED EXAMINATION, § 4600(e) PROVIDES MORE THAN MILEAGE
“All reasonable expenses of transportation, meals, and lodging incident to reporting for the examination, together with one day of temporary disability indemnity for each day of wages lost.” The mileage and tolls are to be paid when you are notified of the appointment — not afterward.
| TRAVEL ON OR AFTER | RATE PER MILE |
|---|---|
| July 1, 2026 | $0.760 |
| January 1, 2026 | $0.725 |
Sources: DWC Newsline 2026-60 and 2026-02. The rate changed twice in 2026. Plus parking and bridge tolls · § 4659(c) · § 5406(b).
Penalties
| PROVISION | AMOUNT |
|---|---|
| § 4650(d) — late indemnity payment | +10%, automatic, “without application” |
| § 5814 — unreasonable delay or refusal | Up to 25% or up to $10,000, whichever is less |
| § 5814(b) — employer self-correction within 90 days | 10% self-imposed |
| § 4553 — employer’s serious and willful misconduct | +50%, uninsurable — the employer pays personally |
| § 4551 — employee’s serious and willful misconduct | −50%, with exceptions |
| § 132a — retaliation | +50%, capped at $10,000, plus reinstatement and lost wages |
Attorney’s fees
Set by a workers’ compensation judgeWCJ Workers’ Compensation Judge. Decides your case. There is no jury., not by the firm. The law prohibits an attorney from demanding or accepting a fee until the Board has approved it.
Generally 9%–12% in a case of average complexity, up to 15% in a genuinely contested one, and as low as 1% where little work was required.
Rates change. This page states the effective date for every figure and is re-verified on each review. If you are reading it long after the review date above, check the DWC newslines linked here.
Frequently asked questions
What is the 2026 temporary disability rate?
Two-thirds of your average weekly earnings, no less than $264.61 and no more than $1,764.11 per week, for injuries on or after January 1, 2026. It is generally not taxed.
I was hurt years ago. Do I get this year’s rate?
For temporary disability, generally no — your date of injury governs. The exception is § 4661.5: a temporary total disability payment made two years or more after the injury is computed at the figures in effect on the payment date.
Why is my permanent disability check so much smaller than my TD check?
Because they run on different earnings limits. The 2026 TD maximum is $1,764.11 a week; the PD maximum is $290.00 a week, and the PD limits do not adjust annually.
How do I turn my rating into weeks?
Through the § 4658 schedule, which is cumulative — each band’s weeks are added to the bands below it. 10% is 30.25 weeks; 50% is 271.25; 99% is 897.25.
What mileage rate applies to my trips?
The rate in effect on the date you traveled: 76¢ per mile from July 1, 2026, and 72.5¢ from January 1 to June 30, 2026. Your date of injury is irrelevant.
What is the difference between 99% and 100%?
A life pension up to $301.50 a week versus the temporary disability rate for life — up to $1,764.11 in 2026, plus annual cost-of-living increases.
Sources
Labor Code § 4453§ 4553§ 4551§ 4600(e)§ 4650(d)§ 4656(c)(3)§ 4658§ 4659§ 4661.5§ 4706.5§ 4906§ 5406§ 5814§ 132aDWC Newsline 2025-116 (November 21, 2025)Newsline 2021-93 and 2021-109Newsline 2026-02 and 2026-60Baker v. WCAB (2011) 52 Cal.4th 434. Current as of August 19, 2026.
General information about California law, not legal advice about your case.
Impairment values described are from the AMA Guides, 5th Edition as applied under the California rating schedule; the Guides are a copyrighted medical text and figures here are summarized rather than reproduced. Your rating depends on your own examination findings.
Reviewed by Jamey Teitell, Partner & Trial Attorney · Last reviewed
Law Offices of Solov & Teitell, APC · (213) 380-9310
Printed from https://www.solovteitell.com/resources/california-workers-comp-rates/ · Last reviewed