HomeWorkers' compCalifornia
California workers' comp settlement chart
California does not pay by body part. A doctor sets whole person impairment, the Permanent Disability Rating Schedule converts it (for injuries on or after 2013-01-01 with a 1.4 modifier in place of the old future-earning-capacity adjustment) with age and occupation into a permanent disability percentage, and Labor Code 4658(e) turns that percentage into weeks of payment (3 to 16 weeks per percentage point by band, cumulative). Weekly pay is two-thirds of average weekly earnings counted at $240 minimum to $435 maximum ($160 to $290 a week), so total = weeks x weekly rate. At 70% to 99.75% a life pension follows (LC 4659(a)); 100% is total disability paid for life at the TD rate (LC 4659(b)). A compromise and release settlement is a negotiated lump sum and need not match this formula.
Each week pays 66.67% of your average weekly wage, up to $290 a week (injuries from 2014-01-01 onward).
Quoted from California law and the California Department of Industrial Relations, Division of Workers' Compensation (DWC), checked October 2, 2026 · not legal advice
Weeks paid per percentage point of disability
| Disability rating | Weeks per 1% |
|---|---|
| rating 0.25% to 9.75% | 3 |
| rating 10% to 14.75% | 4 |
| rating 15% to 24.75% | 5 |
| rating 25% to 29.75% | 6 |
| rating 30% to 49.75% | 7 |
| rating 50% to 69.75% | 8 |
| rating 70% to 99.75% | 16 |
Injuries not on the chart
California does not pay by body part. A doctor sets whole person impairment, the Permanent Disability Rating Schedule converts it (for injuries on or after 2013-01-01 with a 1.4 modifier in place of the old future-earning-capacity adjustment) with age and occupation into a permanent disability percentage, and Labor Code 4658(e) turns that percentage into weeks of payment (3 to 16 weeks per percentage point by band, cumulative). Weekly pay is two-thirds of average weekly earnings counted at $240 minimum to $435 maximum ($160 to $290 a week), so total = weeks x weekly rate. At 70% to 99.75% a life pension follows (LC 4659(a)); 100% is total disability paid for life at the TD rate (LC 4659(b)). A compromise and release settlement is a negotiated lump sum and need not match this formula.
Rates and deadlines
| Temporary disability rate | two-thirds of your average weekly earnings, up to the state maximum and not below the state minimum | Cal. Labor Code 4653 |
|---|---|---|
| Weekly maximum | $1,764 (injuries from 2026-01-01 to 2026-12-31); applies to TD (temporary total and partial disability); also the cap for permanent total disability and life pension rates, which are paid at the TD rate (maximum average weekly earnings $2,646.16 x 2/3). Permanent partial disability has its own, lower cap (see ppd_rate). | DWC news release 2025-116 (Nov. 21, 2025); Cal. Labor Code 4453(a)(10) |
| Weekly minimum | $265 (injuries from 2026-01-01 to 2026-12-31); TD. DWC benefits chart, 1/1/26 row: where average weekly earnings are below $396.92 the TD rate is $264.61; from $396.93 to $2,646.17 it is 2/3 x average weekly earnings. | DWC news release 2025-116 (Nov. 21, 2025); DWC workers' compensation benefits chart |
| Permanent partial rate | two-thirds of average weekly earnings, but for permanent disability the earnings are counted at no less than $240 and no more than $435 a week, so the weekly permanent disability payment is $160 to $290 for injuries on or after 2014-01-01 | Cal. Labor Code 4658(e) and 4453(b)(9); DWC benefits chart (1/1/26 row) |
| Waiting period | 3 days, paid back if you are out more than 14 days | Cal. Labor Code 4652 |
| Tell your employer | 30 days after the injury (written notice) | Cal. Labor Code 5400, 5405, 5410 |
| File your claim | 1 year from the date of injury, from the end of any period covered by disability payments, or from the last date medical benefits were furnished, whichever applies (LC 5405); a worker may also reopen for new and further disability within 5 years of the date of injury (LC 5410) | Cal. Labor Code 5400, 5405, 5410 |
What a settlement adds or takes away
The chart is the statute's payment for a permanent injury. A lump-sum settlement can differ: it may also close out future medical care or wage loss, and the insurer and the judge must agree. A workers' comp lawyer in California can tell you what your rating is likely to be.
Questions
What is the maximum workers' comp benefit in California?
$1,764 a week for injuries from 2026-01-01 to 2026-12-31.
How long do I have to file a workers' comp claim in California?
1 year from the date of injury, from the end of any period covered by disability payments, or from the last date medical benefits were furnished, whichever applies (LC 5405); a worker may also reopen for new and further disability within 5 years of the date of injury (LC 5410).
Sources
- Schedule (Cal. Labor Code 4658(e) (injuries on or after 2013-01-01; subdivision (d) holds the same weeks per percent for injuries 2005-2012)): leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionN
(e) This subdivision shall apply to injuries occurring on or after January 1, 2013. If the injury causes permanent disability, the percentage of disability to total disability shall be determined, and the disability payment computed and allowed as follows: Column 1—Range of percentage of permanent disability incurred: Column 2—Number of weeks for which two-thirds of average weekly earnings allowed for each 1 percent of permanent disability within percentage range: 0.25–9.75 ... 3 / 10–14.75 ... 4 / 15–24.75 ... 5 / 25–29.75 ... 6 / 30–49.75 ... 7 / 50–69.75 ... 8 / 70–99.75 ... 16 (1) The numb…
- Weekly maximum (DWC news release 2025-116 (Nov. 21, 2025); Cal. Labor Code 4453(a)(10)): www.dir.ca.gov/DIRNews/2025/2025-116.html
The Division of Workers' Compensation (DWC) announces that the 2026 minimum and maximum temporary total disability (TTD) rates will increase on January 1, 2026. The minimum TTD rate will increase from $252.03 to $264.61, and the maximum TTD rate will increase from $1,680.29 to $1,764.11 per week.
- Permanent partial rate (Cal. Labor Code 4658(e) and 4453(b)(9); DWC benefits chart (1/1/26 row)): leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionN
(9) For injuries occurring on or after January 1, 2014, not less than two hundred forty dollars ($240) nor more than four hundred thirty-five dollars ($435).
- Temporary disability rate (Cal. Labor Code 4653): leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionN
If the injury causes temporary total disability, the disability payment is two-thirds of the average weekly earnings during the period of such disability, consideration being given to the ability of the injured employee to compete in an open labor market.
- Deadlines (Cal. Labor Code 5400, 5405, 5410): leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=LAB§ionN
5400: no claim to recover compensation under this division shall be maintained unless within thirty days after the occurrence of the injury which is claimed to have caused the disability or death, there is served upon the employer notice in writing. 5405: The period within which proceedings may be commenced for the collection of the benefits ... is one year from any of the following: (a) The date of injury. (b) The expiration of any period covered by payment under Article 3 ... (c) The last date on which any benefits provided for in Article 2 ... were furnished.
Read October 2, 2026. Laws and fees change; the linked page is the authority.