Temporary vs. Permanent Disability in California Workers’ Comp: What It Actually Means for You

Let’s cut through the noise. If you’re injured on the job in California, you’re probably not looking for a lecture—you want to know one thing: How am I supposed to survive this financially? That answer lives in two benefits: Temporary Disability (TD) and Permanent Disability (PD). They sound like technical labels, but they’re the core of how the workers’ comp system decides whether you’re “worth paying.”

Here's what each actually means, how they get calculated, and what the system doesn’t tell you up front.

1. Temporary Disability (TD): You’re Off Work, You Need to Eat

Think of TD as the “we know you can’t work, here’s a partial lifeline” phase.

When do you qualify?

• You miss more than three workdays—or you land in the hospital overnight.

• A treating doctor (emphasis on treating, not an insurance-picked paper-pusher) says you can’t do your regular job.

How much do you get?

• Two-thirds of your average weekly wage. That’s gross pay, not take-home, and it’s capped based on a statewide chart that changes yearly.

• Example: If you were earning $900/week, you’re looking at about $600/week—but only if it’s under the state’s max.

For how long?

• Max is 104 weeks (2 years) paid out over a 5-year span from your injury date.

• For certain severe injuries—amputations, major burns, etc.—that can stretch to 240 weeks, but most people don’t hit that threshold.

Reality Check: TD checks often get delayed. Adjusters stall, doctors miss deadlines, and the whole system assumes you’ll somehow float until payment arrives. You won’t. That’s why we file for penalties and push back hard when needed.

2. Permanent Disability (PD): The System Admits You’re Not Fully Recovering

This kicks in once the system accepts that you’re not going back to 100%.

When does it start?

• Your doctor (or more likely a QME or AME) says you’ve hit Maximum Medical Improvement—a fancy way of saying “You’re as good as you’re going to get.”

• They rate your impairment using a formula no sane person would ever call intuitive.

How is it calculated?

• Your disability rating (0% to 100%) depends on:

  • Your injury’s impact on function

  • Your age and job duties

  • The injury date (laws change year to year)

  • Apportionment—which is code for “Let’s blame your pre-existing condition or old sports injury to reduce your payout.”

Each percentage point of disability translates into a dollar amount—paid out weekly over time, sometimes in a lump sum. Example: A 15% rating might land you $10,000 to $15,000 total, spread out over months, unless you cut a deal for a Compromise & Release (C&R).

Can you still work while receiving PD?
Yes—and in many cases, you’re expected to. PD doesn’t mean “you’re done working,” it means “you’re not the same, and we’ll throw you a few bones for it.”

A Few Non-Negotiable Realities

• TD and PD don’t pay at the same time. Once you hit MMI, TD ends and PD begins.

• 100% PD = lifetime payments, but that’s rare and heavily litigated.

• If you can’t return to your old job, you may qualify for Supplemental Job Displacement Benefits—basically a voucher for retraining or school, but don’t expect it to pay rent.

Why This Matters—And Why You’re Probably Not Getting the Full Story

The workers’ comp system in California is designed to be self-executing. That’s the theory. In practice, nothing moves without pressure. Adjusters delay. Doctors downplay. Employers ghost. And the forms? They don’t come with instructions.

If you don’t push, you don’t get paid.
If your PD rating seems low, or your TD checks stopped without warning, that’s not a bug in the system—it’s the system working as intended.

You don’t need to hire a lawyer to get your benefits—but if the math stops making sense, the checks don’t show up, or the doctors are dancing around the truth, it’s probably time.