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Workers’ compensation temporary disability (California pay while recovering from a job injury): who qualifies, what you get, how to apply, and what happens next

California workers’ compensation pays medical care and, while a job injury keeps the worker off work, temporary disability of two-thirds of lost wages within a yearly minimum and maximum. The worker reports the injury to the employer and files the DWC 1 claim form with the employer, whose insurer pays.

What Workers’ compensation temporary disability is, in one paragraph

Workers' compensation is the insurance every California employer must carry for job injuries and work-caused illness. It pays for medical care and, when the injury keeps the worker from doing their usual job while recovering, temporary disability (TD): about two-thirds of the wages lost, within a minimum and maximum set by law each year. It is not means-tested and covers temporary and part-time workers, and most benefits do not depend on immigration status. The employer's insurer or claims administrator pays and decides first; the state Division of Workers' Compensation runs the courts that settle disputes. It does not pay for pain and suffering.

$264.61 a week minimum; two-thirds of wages above it
temporary disability for injuries on or after 1 January 2026 (DWC, rule:td_rate_2026)

Who may qualify

A worker hurt on the job or made ill by work, including temporary and part-time workers (rule:covered_workers), and in most cases regardless of immigration status (rule:immigration). TD starts when the doctor says the worker cannot do their usual work for more than three days or they are hospitalized overnight (rule:td_start_biweekly).

Average weekly earnings (injury on or after 1 January 2026)TD per weekRule
Below $396.92$264.61rule:td_rate_2026
$396.93 to $2,646.17two-thirds of average weekly earningsrule:td_rate_2026
Above $2,646.17UNKNOWN (not printed on the chart)rule:td_rate_2026

TD lasts up to 104 weeks within five years of the injury, or 240 weeks for a few listed long-term injuries (rule:td_104_weeks).

How to apply, and what happens after

Report the injury to your employer as soon as possible; a worker who does not report within 30 days could lose the right to benefits (rule:report_30_days). Get emergency care if needed.

Your employer must give or mail you the claim form (DWC 1) within one working day of learning of the injury (rule:claim_form_1_day); it is also on the DWC forms page. Complete the employee section, sign it, keep a copy, and return it in person or by certified mail. Do not wait: without the form filed within a year of the injury you may not get benefits (rule:claim_form_1_year).

The employer must authorize medical treatment within one working day of the claim form, up to $10,000 while the claim is decided (rule:medical_10000). The insurer generally mails a status letter within 14 days (rule:status_letter_14_days). If the claim is not denied within 90 days it is presumed covered (rule:presumed_90_days). TD is paid every two weeks (rule:td_start_biweekly).

If the claim is denied, file an Application for Adjudication of Claim at the DWC office in your county or the county of injury (rule:application_for_adjudication), normally within one year of the injury or the last benefit paid (rule:adjudication_1_year). The DWC Information and Assistance Unit helps for free; applicants' attorneys are paid from the benefits.

The procedure, stage by stage, as data
JSONThe procedure, stage by stage, as data
12 items
10 keys
"id""stage:discover"
"order"1
"name""Discover"
"what_happens""Worker learns that a job injury or work-caused illness entitles them to medical care paid by the employer and, if they lose wages, temporary disability payments"
"who_acts""Worker"
"timeline""Report to the employer within 30 days (rule:report_30_days)"
"evidence""None"
"failure_mode""Not reporting; fear of being fired, which is illegal"
"model_role""State the reporting deadline and the five benefits"
"automation_class""A"
10 keys
"id""stage:screen_eligibility"
"order"2
"name""Screen eligibility"
"what_happens""Confirm the injury or illness is from work and that the worker is an employee (temporary and part-time included)"
"who_acts""Model + worker"
"timeline""Minutes"
"evidence""Date and place of injury; employer"
"failure_mode""Gradual injuries reported late; report when the worker learns or believes it was caused by the job"
"model_role""Ask date, place, how; flag gradual conditions"
"automation_class""A"
10 keys
"id""stage:gather_documents"
"order"3
"name""Gather documents"
"what_happens""Claim form (DWC 1) from the employer; record of the injury report; medical records"
"who_acts""Worker"
"timeline""Employer must give the form within one working day (rule:claim_form_1_day)"
"evidence""DWC 1"
"failure_mode""Employer never hands over the form; it can be downloaded from DWC"
"model_role""Point to the form source"
"automation_class""A"
10 keys
"id""stage:complete_application"
"order"4
"name""Complete application"
"what_happens""Worker completes only the employee section of the DWC 1, signs and dates it, keeps a copy"
"who_acts""Worker"
"timeline""Right away; within a year of the injury at the latest (rule:claim_form_1_year)"
"evidence""DWC 1"
"failure_mode""Unsigned or unreturned form risks the right to benefits"
"model_role""Walk through the employee section"
"automation_class""A"
10 keys
"id""stage:submit"
"order"5
"name""Submit"
"what_happens""Return the DWC 1 to the employer in person or by certified mail, return receipt requested; the employer forwards it to the insurer"
"who_acts""Worker + employer"
"timeline""Same day as completed"
"evidence""Proof of delivery"
"failure_mode""No record of the date given"
"model_role""Remind to keep proof of the date"
"automation_class""B"
10 keys
"id""stage:interview_verification"
"order"6
"name""Interview / verification"
"what_happens""The claims administrator investigates; medical treatment is authorized within one working day, up to $10,000 while the claim is decided; disputes go to a QME or AME"
"who_acts""Insurer + treating physician"
"timeline""Status letter in about 14 days (rule:status_letter_14_days)"
"evidence""Medical reports"
"failure_mode""Treatment delayed during investigation"
"model_role""Explain the $10,000 rule and who to call"
"automation_class""C - medical evaluation is human"
10 keys
"id""stage:decision"
"order"7
"name""Decision"
"what_happens""Claim accepted, denied, or presumed covered if not denied within 90 days"
"who_acts""Insurer"
"timeline""90 days (rule:presumed_90_days)"
"evidence""Acceptance or denial letter"
"failure_mode""Missing the 90-day presumption"
"model_role""Compute day 90 from the claim form date"
"automation_class""A"
10 keys
"id""stage:issuance_use"
"order"8
"name""Issuance / use"
"what_happens""TD paid at two-thirds of average weekly earnings within the year's minimum and maximum, every two weeks, once the doctor keeps the worker off work more than three days"
"who_acts""Insurer"
"timeline""Every two weeks (rule:td_start_biweekly)"
"evidence""Doctor's work status"
"failure_mode""Wages from other jobs or overtime left out of the rate"
"model_role""Compute two-thirds of average weekly earnings from all wages"
"automation_class""D"
10 keys
"id""stage:report_changes"
"order"9
"name""Report changes"
"what_happens""Worker reports return to work and work restrictions; the claims administrator must send letters explaining TD amounts, delays, changes and why TD ends"
"who_acts""Worker + insurer"
"timeline""As they happen"
"evidence""Doctor's reports"
"failure_mode""TD stopped without explanation"
"model_role""Read the letters with the worker"
"automation_class""B"
10 keys
"id""stage:denial_response"
"order"10
"name""Denial response"
"what_happens""Worker may contact DWC Information and Assistance, hire an applicants' attorney (fee paid from benefits), or file to contest"
"who_acts""Worker"
"timeline""Application normally within one year of injury or last benefit (rule:adjudication_1_year)"
"evidence""Denial letter"
"failure_mode""Waiting past the deadline"
"model_role""Name the I&A unit and the forms"
"automation_class""A"
10 keys
"id""stage:appeal_fair_hearing"
"order"11
"name""Appeal / fair hearing"
"what_happens""Application for Adjudication of Claim, then Declaration of Readiness to Proceed; mandatory settlement conference; trial before a workers' compensation judge; Petition for Reconsideration"
"who_acts""Worker + WCAB"
"timeline""Written decision usually 30 to 90 days after trial (rule:trial_decision)"
"evidence""Application, evidence, witnesses"
"failure_mode""Missing the trial"
"model_role""Explain the sequence; never files"
"automation_class""B"
10 keys
"id""stage:overpayment_exit"
"order"12
"name""Overpayment / exit"
"what_happens""TD ends on return to work, release, maximum improvement, or the 104-week limit within five years (240 for listed long-term injuries); permanent disability may follow"
"who_acts""Insurer"
"timeline""104 weeks within five years of injury (rule:td_104_weeks)"
"evidence""Doctor's final report"
"failure_mode""No SDI filed for after TD ends"
"model_role""Point to SDI for after TD"
"automation_class""B"

The same facts open other programs

The fact a work injury raises, that the worker cannot do their job, is also the first fact of the programs below:

References (6)
What this article shares with the graph
JSONWhat this article shares with the graph
6 keys
"program_id""B072"
"graph""california-benefits-graph"
"related_program_ids" 6 items
"B028"
"B027"
"B025"
"B011"
"B001"
"B023"
"related_programs" 6 keys
"B028""State Disability Insurance (SDI) + Paid Family Leave"
"B027""Unemployment Insurance (UI)"
"B025""SSDI (Social Security Disability Insurance)"
"B011""Medi-Cal (Medicaid)"
"B001""CalFresh (SNAP)"
"B023""SSI + California SSP"
"triggered_by_events" 1 item
"event:job_related_injury_can_t_work_temporary"
"shares_facts_with"

Official addresses

Related pages
Beside
State Disability Insurance (SDI) and Paid Family Leave (California partial wage replacement for illness, pregnancy and family care): who qualifies, what you get, how to apply, and what happens nextUnemployment Insurance (California weekly benefit after job loss): who qualifies, what you get, how to apply, and what happens nextSocial Security Disability Insurance (SSDI, monthly federal payments for workers who cannot work because of a disability): who qualifies, what you get, how to apply, and what happens nextMedi-Cal (California Medicaid health coverage): who qualifies, what you get, how to apply, and what happens nextCalFresh (California food benefits): who qualifies, what you get, how to apply, and what happens nextSSI and California SSP (monthly cash for people 65 or older, blind or disabled with very low income): who qualifies, what you get, how to apply, and what happens next
References (17)
  1. I was injured at work — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“report your injury within 30 days, you could lose your right to receive workers”
  2. I was injured at work: immigration status — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“have to be a legal resident of the United States to receive most workers”
  3. I was injured at work: temporary and part-time workers — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“You may be eligible to receive benefits even if you are a temporary or part-time worker.”
  4. How to file a claim: claim form — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“Your employer must give or mail you a claim form within one working day after learning about your injury or illness.”
  5. How to file a claim: status letter — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“Generally, the insurance company has 14 days to mail you a letter telling you the status of your claim.”
  6. How to file a claim: 90-day presumption — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“deny your claim within 90 days, your injury is presumed to be covered.”
  7. How to file a claim: medical treatment during review — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“While your employer is deciding whether to accept or reject your claim, you may receive up to $10,000 in medical treatment.”
  8. If my claim was accepted: five benefits — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“Workers' compensation insurance provides five basic benefits:”
  9. Workers’ compensation FAQs: TD amount — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“As a general rule, TD pays two-thirds of the gross (pre-tax) wages you lose while you are recovering from a job injury.”
  10. Workers’ compensation FAQs: when TD starts — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“Payments must be made every two weeks.”
  11. Workers’ compensation FAQs: how long TD lasts — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“TD payments for these injuries can continue for up to 240 weeks of payment within a five-year period.”
  12. Workers’ compensation FAQs: annual adjustment — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“The minimum and maximum rates are adjusted annually.”
  13. Workers’ compensation benefits: TD rate chart — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“$396.93 to $2646.17”
  14. Workers’ compensation benefits: TD minimum — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“Below $396.92”
  15. If my claim was denied — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“In order to have your case heard by a judge, you must first file an Application for Adjudication of Claim .”
  16. If my claim was denied: decision timing — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“which usually occurs between 30 and 90 days after the trial.”
  17. Fact Sheet C: Temporary Disability Benefits — California Department of Industrial Relations, Division of Workers’ Compensation (DWC)“If you do not file the claim form within a year of”