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How much should I get paid while I'm off work?

California law sets your temporary disability check at two-thirds of what you were earning, within a minimum and maximum for the year you were hurt. Answer eight questions and we'll show you the number you should be getting — and the math behind it.

Benefit Worksheet CA · Temporary Disability
01 When were you hurt? For an injury that built up over time, use roughly when it started bothering you.
02 What were you earning before the injury? Gross — before taxes. Include overtime, tips, bonuses, and a second job if you had one.
$
03 How did it happen?
04 What did you hurt? Check everything that's been bothering you, even if it seems minor.
05 Where are you now with work?
06 Is the insurance company sending you checks?
07 Has your claim been denied?
08 Do you already have an attorney on this case?
Fill in your date of injury and your pay to see your rate.

Common questions

  • How is California temporary disability pay calculated?

    California pays two-thirds of your average weekly wage while a doctor keeps you off work because of a job injury, subject to a statutory minimum and maximum that's set each year based on the state average weekly wage.

  • What if my check is less than two-thirds of my pay?

    That's usually a sign your average weekly wage was calculated wrong, the wrong year's rate was applied, or the insurance company made an error. It's worth having a lawyer check the numbers against your actual pay records at no cost.

  • Does a workers' compensation claim cover more than my paycheck?

    Temporary disability is only one part. A claim can also include all related medical treatment paid in full, mileage reimbursement to appointments, permanent disability if you don't fully recover, and a job displacement voucher if you can't return to your old job.

  • Does it cost anything to have a lawyer review my workers' comp claim?

    No. California workers' compensation attorney fees are set and approved by the Workers' Compensation Appeals Board, typically 15 percent, and are paid out of what you recover. There's nothing to pay out of pocket.

  • When should my first temporary disability check arrive?

    The insurance company generally has to send your first check within 14 days of when your employer knew about the injury and you missed time from work. If it's going to be late, they're required to send you a letter explaining why. A late payment usually triggers an automatic 10% penalty on top of what you're owed, and up to 25% more if the delay wasn't reasonable.

  • Do I have to see the doctor my employer or the insurance company sends me to?

    Usually, yes — California law lets employers control treatment through a Medical Provider Network (MPN) in most cases. There are exceptions, including if you pre-designated your own doctor in writing before you were hurt, or if the MPN itself isn't valid. If you disagree with the MPN doctor's opinion, you're entitled to a second opinion process within the network.

  • Can my employer fire me for filing a workers' compensation claim?

    No. California law makes it illegal for an employer to fire, demote, or otherwise punish you for filing a workers' compensation claim. If that happens, it's a separate claim — often called a 132a claim — with its own money attached, on top of your regular benefits.

  • I was hurt in a car accident while working — is this a workers' comp claim, a car accident claim, or both?

    Often both. Workers' compensation covers your medical care and two-thirds of your wages regardless of fault, but it doesn't pay for pain and suffering and it caps what you can recover. If another driver, a vehicle owner, or another company caused the crash, you may also have a separate claim against them that isn't limited to two-thirds of your wages. The two claims run on different rules and can both apply to the same crash.

  • What's the deadline to file a workers' compensation claim in California?

    Generally one year from the date of injury, though there are exceptions — for example, if your employer never gave you the required workers' comp notice, or your injury built up gradually and you didn't know it was work-related right away. If you're getting close to that one-year mark, don't wait for a callback; call now.

  • Who pays for my medical bills after a work injury?

    Your employer's workers' compensation insurance pays directly for all reasonable and necessary treatment related to the injury — there's no copay, no deductible, and no bill to you. This is separate from your own health insurance, and it continues for as long as the treatment is medically necessary, not just while you're off work.

  • What if the other driver has no insurance?

    If you're hurt in a car accident and the at-fault driver has no insurance — or not enough to cover your losses — your own uninsured/underinsured motorist (UM/UIM) coverage can pay instead, if you carry it. California requires insurers to offer this coverage on every policy, though drivers can decline it in writing. Without UM/UIM coverage, you can still sue the uninsured driver directly, but collecting on a judgment against someone with no insurance is often difficult.

  • How long does a workers' compensation claim take in California?

    The insurance company has 90 days to accept or deny your claim once it's filed. From there, straightforward claims often resolve in a matter of months; claims involving disputes, medical evaluations, or a denial can take a year or more. There's no single timeline — how contested the case is matters more than anything else.

Terms used on this page

Temporary disability (TD)
The wage-replacement benefit workers' comp pays while a doctor keeps you off work or on reduced hours — generally two-thirds of your average weekly wage, subject to a yearly minimum and maximum.
Permanent disability (PD)
Money owed if an injury doesn't fully heal, based on a doctor's whole-person impairment rating. It requires a medical evaluation — not something this page or any online tool can calculate.
Average weekly wage (AWW)
What you were earning before the injury, generally including overtime, tips, bonuses, and a second job — the number temporary disability is calculated from.
Medical Provider Network (MPN)
The group of doctors the insurance company controls treatment through in most California workers' comp claims. There are exceptions, including a doctor you predesignated in writing before the injury.
Qualified Medical Evaluator (QME)
A doctor certified by the state to resolve medical disputes in a claim — for example, disagreements about how much permanent disability you have, or whether treatment is related to the injury.
132a claim
A separate legal claim against an employer who fires, demotes, or otherwise punishes a worker for filing a workers' comp claim — illegal under California law, with its own money attached.
Job displacement voucher (SJDB)
A voucher toward retraining if you can't return to your old job because of a permanent disability.

California counties we serve

Accident Defenders APC handles workers' compensation and injury claims statewide, in all 58 California counties.

Alameda Alpine Amador Butte Calaveras Colusa Contra Costa Del Norte El Dorado Fresno Glenn Humboldt Imperial Inyo Kern Kings Lake Lassen Los Angeles Madera Marin Mariposa Mendocino Merced Modoc Mono Monterey Napa Nevada Orange Placer Plumas Riverside Sacramento San Benito San Bernardino San Diego San Francisco San Joaquin San Luis Obispo San Mateo Santa Barbara Santa Clara Santa Cruz Shasta Sierra Siskiyou Solano Sonoma Stanislaus Sutter Tehama Trinity Tulare Tuolumne Ventura Yolo Yuba