Workers comp pay while you recover and after a lasting injury

This page explains workers' comp money. It is general information, not legal advice. Reporting your injury, filing the claim form and choosing a doctor are on Hurt at work? How to get workers' comp, with or without papers.

Do I get this pay without papers?

Yes. California's workers' comp law covers employees "whether lawfully or unlawfully employed" (Labor Code 3351). The state's Department of Industrial Relations has said injured workers are eligible for workers' comp benefits regardless of immigration status (DIR, August 29, 2025). Your employer may not punish you for asking for benefits.

Some parts of the system, like going back to modified work or job retraining, can raise extra questions for workers without a work permit. We flag those below. A state Information and Assistance officer or a workers' comp lawyer can answer them for your case.

What kinds of pay are there?

Workers' comp pays money in two main stages:

There are also job displacement benefits if you cannot go back to your old job. Medical care is a separate benefit and continues as needed. The DWC injured worker FAQ explains each one.

How much will I get while I recover?

Temporary disability pays two thirds of the gross (before tax) wages you lose, up to a state limit (DWC FAQ). For injuries in 2026, the DWC benefits chart and a DIR release of November 21, 2025 set these weekly amounts:

An example (made up): Ana earned $900 a week before taxes, including overtime. Two thirds of $900 is $600. She should get about $600 a week while her doctor keeps her off work.

Tips:

• Count all your pay. Legal Aid at Work notes that your earnings include overtime and the value of meals or lodging your employer provided. Cash pay counts too. Keep proof of what you earned, like texts, deposits or pay stubs.
• No taxes come out. The DWC FAQ says TD is not subject to federal, state or local income tax, and no Social Security tax is taken out.
• Long claims get a raise. If temporary disability is paid two years or more after the injury, the rate is figured using the state limits in effect on the date each payment is made, under Labor Code 4661.5.

When do the checks start, and how often?

• Start: TD begins when your doctor says you cannot do your usual work for more than three days, or you are in the hospital overnight (DWC FAQ).
• First payment: due no later than 14 days after your employer knows about the injury and that you cannot work, unless the claim was denied (Labor Code 4650).
• After that: every two weeks.
• Late: a late payment must be increased by 10 percent and paid to you without you having to ask.

How long does temporary disability last?

For injuries after January 1, 2008, TD payments will not last more than 104 weeks within five years from the date of injury. Some long term injuries, like severe burns or chronic lung disease, can get up to 240 weeks within five years (DWC FAQ).

TD usually ends sooner, when one of these happens:

• Your doctor says you can go back to your regular work
• You go back to work
• Your doctor says your condition has stopped improving (see the next sections)

What if I can only work part time or light duty?

If your doctor lets you work with limits and you earn less than before, you may get temporary partial disability, which covers part of the wage loss (DWC FAQ). Legal Aid at Work explains that this can also apply when your employer only has part time work that fits your doctor's limits.

If your employer offers you modified or alternative work, read the offer carefully. The DWC FAQ says you may have only 30 days to accept, and not answering or saying no may end your right to the job displacement voucher (DWC FAQ).

What happens when I stop getting better?

At some point your doctor will say your condition is permanent and stationary (P&S), also called maximal medical improvement (MMI). That means it has stabilized and is not likely to change. It does not mean you are fully healed (DWC FAQ).

Your doctor then writes a report about your limits and your future medical needs. This report is the starting point for permanent disability. Read it. If something is wrong or missing, ask questions right away.

How is permanent disability figured?

DWC explains the steps:

1. A doctor rates your impairment, and says how much of it was caused by work and how much by other things.
2. A DWC rater uses that report and your Employee Disability Questionnaire to give you a percentage.
3. The percentage turns into a dollar amount based on your date of injury and your wages before the injury.

Weekly rate: for injuries in 2014 or later, including 2026, permanent disability is paid between $160 and $290 a week (DWC benefits chart). The rating decides how many weeks you get.

When it starts: the first PD payment is due within 14 days after your last temporary disability payment (Labor Code 4650), and then every two weeks until a reasonable estimate of your disability has been paid. Late payments also carry a 10% increase.

If you are totally disabled: permanent total disability is paid for the rest of your life, at your temporary disability rate, adjusted each year for wage increases in the state.

Disagree with the rating? If you do not have a lawyer, you can ask DWC to reconsider, or present your case to a workers' comp judge. If you disagree with your doctor's report, you can ask DWC's Medical Unit for a panel of three Qualified Medical Evaluators (QMEs). You then have 10 days to pick one, schedule the exam and tell the insurer.

How do settlements work?

Most permanent disability cases end in one of three ways (DWC FAQ):

A Compromise and Release can end your future medical care. Talk to an Information and Assistance officer or a lawyer before you sign one.

What if I cannot go back to my old job?

• Job displacement voucher: for injuries on or after January 1, 2013, if you have permanent disability and your employer does not offer qualifying work, you can get a $6,000 voucher for retraining or skill building, regardless of your rating. It is due within 20 calendar days after the job offer period ends. It cannot be traded for cash. It expires two years after it is issued or five years after the injury, whichever is later (DWC FAQ).
• Return to Work Supplement: if you got that voucher, you may also qualify for a one time $5,000 payment. Apply online within one year from the date the voucher was served on you. Bring the voucher with its proof of service, your case (ADJ) number, your claim number and the date it was served (Return to Work Supplement Program). No internet? Use a kiosk at a DWC district office or call 1-800-736-7401. Program questions: (510) 286-0787 or RTWSP@dir.ca.gov.

What if my checks are late or stop?

1. Check the date. First check within 14 days; then every two weeks. Late payments must include an extra 10%.
2. Ask the claims administrator in writing why the check is late or stopped. Keep a copy.
3. Find out why. TD often stops because a doctor released you to work or you reached the 104 week limit. Ask the administrator to put the reason in writing.
4. Call Information and Assistance at 1-800-736-7401 for help understanding your rights and your case (DWC).
5. Watch the deadline. If you need to file with the Workers' Compensation Appeals Board, Labor Code 5405 generally gives one year from the injury, from the end of a temporary disability payment period, or from the last medical treatment provided. Some injuries are counted differently, so ask.

Questions people ask

Can I get unemployment or State Disability Insurance while on workers' comp? These programs have their own rules about overlapping pay. See State Disability Insurance: how long it pays and ask EDD before you file for both.

My employer has no workers' comp insurance. Do I still get paid? A special state fund, the Uninsured Employers Benefits Trust Fund, may pay benefits. See Hurt at work?

Is permanent disability taxed? The DWC FAQ we read speaks to temporary disability taxes only. Ask a tax preparer about your settlement.

Do I need a lawyer? Not always. Many workers start with Information and Assistance, which helps workers understand their rights. Get advice before signing any settlement, and ask any lawyer up front how they are paid.

Who can help?

Contact them to confirm hours, languages and openings. Being listed here is not a referral or a promise of service.

• DWC Information and Assistance (California): 1-800-736-7401. Offices in San Jose, San Francisco and Oakland are listed on the I&A page. DWC phone lines offer interpreters.
• Legal Aid at Work (statewide): free workers' rights clinic for people within its income limits, or age 60 and over. East Palo Alto line: (415) 404-9093 (Workers' Rights Clinic, checked October 18, 2026)
• More free legal help: Free legal help in the Bay Area

Is there a tracker I can print?