Temporary disability (TD) is the payment that replaces part of a worker’s wages while a work injury keeps the worker off the usual job. It pays two-thirds of average weekly earnings, inside a floor and a cap set for each year of injury (Labor Code 4653; DWC).
A temporary disability lawyer in Orange County steps in when those checks are late, short, stopped or never started. The Law Office of Jesse Melendrez represents injured workers on TD disputes in Orange County, Los Angeles, Riverside and San Diego.
How much does temporary disability pay in 2026?
For injuries in 2026, TD pays two-thirds of gross average weekly earnings, with a floor of $264.61 and a cap of $1,764.11 a week (DWC Newsline 2025-116). The floor and the cap rise each January 1 with any increase in the state average weekly wage (Labor Code 4453(a)(10)); they stayed at the 2023 level for 2024 because that wage fell (DWC Newsline 2023-84).
The DWC counts all income from work: wages, overtime, tips, commissions, bonuses, food and lodging, and earnings from another job held at the time of injury. TD benefits are not taxable (Fact Sheet C).
| Date of injury | Weekly floor | Weekly cap | Weekly earnings that reach the cap |
|---|---|---|---|
| 2024 | $242.86 | $1,619.15 | $2,428.72 |
| 2025 | $252.03 | $1,680.29 | $2,520.43 |
| 2026 | $264.61 | $1,764.11 | $2,646.17 |
Sources: DWC Newsline 2025-116 (2026), 2024-90 (2025) and 2023-84 (2024); earnings bands from the DIR benefits table, read October 8, 2026. Between the floor and the cap, the rate is two-thirds of earnings.
When do TD checks start, and how often do they come?
The first TD payment is due within 14 days after the employer learns of the injury and the disability, unless liability is denied first (Labor Code 4650(a)). After that, payments come every two weeks on the day set with the first check (Labor Code 4650(c)).
A late payment is generally increased by 10 percent, paid without any request (Labor Code 4650(d)). The DWC says TD begins when the doctor says the worker cannot do the usual job for more than three days, or the worker is hospitalized overnight (Fact Sheet C).
When does temporary disability end?
TD generally ends when the worker returns to work, when the doctor releases the worker for work, or when the doctor says the injury has improved as much as it is going to (Fact Sheet C). That last point is called permanent and stationary.
For injuries on or after January 1, 2008, TD is capped at 104 weeks of payments within five years from the date of injury. Listed conditions, including severe burns, amputations, HIV and chronic lung disease, allow up to 240 weeks within five years (Labor Code 4656(c)(2), (3)).
When TD ends and a disability remains, the first permanent disability payment is due within 14 days of the last TD check (Labor Code 4650(b)(1)). A worker who can do some work but earns less is paid temporary partial disability, two-thirds of the weekly wage loss (Labor Code 4654; Fact Sheet C).
Where do TD disputes happen?
TD disputes start with the treating doctor’s work status reports, since the doctor says whether the worker can do the usual job. When the worker or the claims administrator disagrees with the treating doctor, a QME or, with an attorney, an AME can address it (Labor Code 4062(a); Fact Sheet E).
A judge can hear whether TD is owed, or how much, on the expedited calendar: a hearing and decision within 30 days after a declaration of readiness is filed (Labor Code 5502(b)(4)). A payment unreasonably delayed or refused can be increased by up to 25 percent or $10,000, whichever is less (Labor Code 5814(a)). The QME and AME page explains the evaluation.
How does the firm work a TD problem?
We rebuild the numbers before arguing about them.
- Recalculate average weekly earnings from pay stubs, overtime, tips and any second job, and compare that with the rate the claims administrator used.
- Check each payment date against the 14-day and two-week rules, and confirm the 10 percent increase was paid on late checks.
- Keep the treating doctor’s work status reports in the file, and move to a QME or AME when the claims administrator disputes them.
- Ask for an expedited hearing when TD is cut off or refused, and raise the Labor Code 5814 penalty when a delay was unreasonable.
- Track the 104-week cap and the change to permanent disability payments.
Other benefits are on the benefits page.
There is no upfront cost. Attorney fees in a California workers’ compensation case are set and approved by a workers’ compensation judge and are paid out of the benefits recovered. Whether a rate or a stopped check can be challenged depends on the records, which is what the first conversation looks at.
