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Glossary

Workers' comp

Temporary disability (TD)

Wage-loss benefits paid while an injured worker can't do their usual work: two-thirds of average weekly earnings, within state minimums and maximums.

What temporary disability is

Temporary disability indemnity replaces part of lost wages while the worker recovers. Temporary total disability (TTD) is two-thirds of average weekly earnings (Labor Code section 4653). Temporary partial disability (TPD) is two-thirds of the weekly wage loss when the worker returns at reduced pay (Labor Code section 4654). For injuries in 2026, the DWC set the minimum TTD rate at $264.61 a week and the maximum at $1,764.11 a week, effective January 1, 2026.

The rule and its deadlines

The first payment is due no later than 14 days after the employer knows of the injury and disability, unless liability is denied, and later payments are due every two weeks (Labor Code section 4650). A late payment is increased by 10 percent automatically (Labor Code 4650 penalty). For injuries on or after January 1, 2008, TD is capped at 104 compensable weeks within five years of the injury, with 240 weeks for listed conditions such as amputations, severe burns and HIV (Labor Code section 4656(c)).

Why it matters to an applicant firm

TD is often the client's only income. A treating doctor's off-work note that goes unpaid, a rate computed on the wrong earnings, or periods missing from the payment history are routine problems, and each can support a penalty. The 104-week cap also shapes the timing of surgery and the QME. Firms audit TD against the doctor's certified periods. Use the TD rate calculator and the temporary disability guide.

Sources

  1. Cal. Labor Code § 4653
  2. Cal. Labor Code § 4656
  3. DIR Newsline 2025-116: 2026 temporary total disability rates

General information about California and federal rules, not legal advice. Rules change and every case turns on its facts: check the statute and your own analysis before relying on a date or a figure.

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