California 2026 Temporary Disability Rates
Official TTD/TPD rates effective January 1, 2026, as announced by the Division of Workers' Compensation.
2026 Official TD Rates
The following rates apply to injuries occurring on or after January 1, 2026:
| Rate Type | 2026 Weekly Rate | 2025 Weekly Rate | Change |
|---|---|---|---|
| Maximum TD Rate | $1,764.11 | $1,680.29 | +$83.82 |
| Minimum TD Rate | $264.61 | $252.03 | +$12.58 |
Source: California Department of Industrial Relations, DWC News Release 2025-116
State Average Weekly Wage (SAWW)
Under Labor Code Section 4453(a)(10), TD rates are adjusted annually based on changes in the State Average Weekly Wage (SAWW).
| 2026 SAWW | $1,789 |
| 2025 SAWW | $1,704 |
| Percentage Increase | 4.98826% |
The SAWW is defined as the average weekly wage paid to employees covered by unemployment insurance, as reported by the U.S. Department of Labor for California for the 12 months ending March 31 in the year preceding the injury.
How TD Benefits Are Calculated
Temporary Disability benefits are calculated using the following formula:
(Subject to minimum and maximum limits)
Step-by-Step Calculation:
- Determine Your Average Weekly Wage (AWW) - Total gross earnings during a specified period divided by the number of weeks in that period
- Calculate Two-Thirds (2/3) - Multiply your AWW by 0.6667 (2/3)
- Apply Minimum/Maximum Limits - If the result is below $264.61, you receive the minimum. If above $1,764.11, you receive the maximum
Calculation Examples for 2026:
Example 1: High Earner
Weekly wage: $3,000
Two-thirds calculation: $3,000 x 2/3 = $2,000
Since $2,000 exceeds the maximum, TD benefit = $1,764.11/week
Example 2: Mid-Range Earner
Weekly wage: $1,200
Two-thirds calculation: $1,200 x 2/3 = $800
Within limits, so TD benefit = $800.00/week
Example 3: Lower Earner
Weekly wage: $300
Two-thirds calculation: $300 x 2/3 = $200
Since $200 is below the minimum, TD benefit = $264.61/week
Types of Temporary Disability
Temporary Total Disability (TTD)
When you are completely unable to work due to your injury. You receive full TD benefits (2/3 of wages, subject to limits).
Temporary Partial Disability (TPD)
When you can do some work but not your usual job, or you work reduced hours. TPD equals 2/3 of the difference between your pre-injury wages and what you can earn while partially disabled.
TD Duration Limits
California Labor Code limits how long you can receive TD benefits:
| Injury Type | Maximum Duration | Legal Basis |
|---|---|---|
| Most injuries | 104 weeks within 5 years of injury | Labor Code 4656(c)(1) |
| Severe burns | 240 weeks within 5 years | Labor Code 4656(c)(2) |
| HIV, Hepatitis B/C | 240 weeks within 5 years | Labor Code 4656(c)(2) |
| Amputations | 240 weeks within 5 years | Labor Code 4656(c)(2) |
| Acute/chronic Hepatitis | 240 weeks within 5 years | Labor Code 4656(c)(2) |
TD Payment Requirements
First Payment Due
Under Labor Code 4650, the first TD payment must be made within 14 days after the employer has knowledge of the injury and resulting disability.
Subsequent Payments
TD payments must continue every 14 days while you remain disabled and eligible.
Late Payment Penalty
Under Labor Code 4650(d), a 10% penalty is automatically added to late TD payments. This penalty is self-imposed and does not require a petition.
Historical TD Rate Comparison
California TD rates by year of injury:
| Year | Minimum Rate | Maximum Rate | SAWW |
|---|---|---|---|
| 2026 | $264.61 | $1,764.11 | $1,789 |
| 2025 | $252.03 | $1,680.29 | $1,704 |
| 2024 | $242.86 | $1,619.15 | $1,619 |
| 2023 | $230.95 | $1,539.71 | $1,540 |
| 2022 | $203.44 | $1,356.31 | $1,356 |
Legal References
Key California Labor Code sections governing TD benefits:
- Labor Code 4453(a)(10) - Annual SAWW adjustment for minimum and maximum TD rates
- Labor Code 4653 - TD rate equals 2/3 of average weekly earnings
- Labor Code 4654 - Temporary partial disability calculation
- Labor Code 4650 - 14-day payment deadline and late payment penalties
- Labor Code 4656 - TD duration limits (104 weeks standard, 240 weeks for severe injuries)
- Labor Code 4659(c) - SAWW adjustment also applies to life pension and PTD benefits for injuries on/after 1/1/2003
Related Benefits Also Adjusted by SAWW
Under Labor Code 4659(c), the following benefits are also adjusted based on the SAWW for injuries on or after January 1, 2003:
- Life Pension (LP) Benefits - For permanent disability ratings of 70% or higher
- Permanent Total Disability (PTD) - For 100% permanent disability
Need Help Understanding Your TD Benefits?
Calculating your exact TD entitlement can be complex. Attorney Nathan Howser has helped injured workers recover over $60 million in benefits and can help ensure you receive every dollar you deserve.
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