On this page
Current as of August 19, 2026.
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.
Most rate pages get this wrong, and it is the difference between a correct figure and a confidently wrong one.
Temporary disability — 2026
Temporary disability is two-thirds of your average weekly earnings, subject to a statutory floor and ceiling. It is 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 |
Source: DWC Newsline 2025-116, November 21, 2025. State average weekly wage $1,789 (+4.98826%).
Prior years
| Date of injury | 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. DWC 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 That was superseded by Newsline 2021-109 (October 25, 2021), which announced an increase to $230.95 / $1,539.71 on a corrected figure. Several commercial charts still publish the withdrawn numbers.
The one exception to "date of injury governs"
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. § 4661.5. Two conditions, both easy to miss: the payment has to fall two years or more past the date of injury, 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.
How long it lasts
Generally 104 compensable weeks within five years of the date of injury.
Nine conditions get 240 weeks instead under § 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 this is missed so often.
Permanent disability — weekly rates
Permanent disability is also two-thirds of average weekly earnings, but against a different and much lower set of earnings limits, which do not adjust annually.
| Date of injury | 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 |
Derived from the average weekly earnings limits in Labor Code § 4453(b) at two-thirds.
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.
How a rating becomes money
The percentage converts to weeks, and the weeks convert to dollars.
The § 4658 schedule is CUMULATIVE, not flat.
Labor Code § 4658 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, and that error is on the current site and on several competitors'.
Verified anchor values (weeks of permanent disability):
| Rating | Weeks | Rating | Weeks |
|---|---|---|---|
| 5% | 15.00 | 50% | 271.25 |
| 10% | 30.25 | 70% | 433.25 |
| 15% | 50.50 | 75% | 513.25 |
| 20% | 75.50 | 99% | 897.25 |
| 30% | 131.00 |
Then: weeks × your weekly PD rate = the award, less permanent disability advances already paid. The full arithmetic. · How to read your rating string.
Life pension — 70% to 99%
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.
And the average weekly earnings in that formula are capped at $515.38, a figure unchanged since January 1, 2006.
| Rating | 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. § 4659(c) increases life pension and total disability payments annually by the percentage increase in the state average weekly wage. Under Baker v. WCAB (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 under § 4453 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. What has to be proved to cross it.
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 under § 4706.5 |
| Burial expenses (injuries on/after 1/1/2013) | $10,000 |
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.
The deadline is the danger. § 5406(b) 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 § 5406.7 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.
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.
| 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.
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. More.
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 |
How penalties work. · Serious and willful misconduct.
Attorney's fees
Set by a workers' compensation judge, not by the firm. § 4906 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. More.
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.
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.
Law Offices of Solov & Teitell, APC · (213) 380-9310 · 24/7 (213) 463-6469
Printed from https://www.solovteitell.com/resources/california-workers-comp-rates/ · Last reviewed 2026-08-23