Benefits and money
When does temporary disability stop?
Temporary disability usually ends when one of these happens: you go back to work; your doctor releases you to work (or your employer offers work within your restrictions); your condition becomes permanent and stationary; or you reach 104 weeks of TD paid within five years of the injury date (Labor Code §4656(c)(2)). For certain severe injuries, the cap is 240 weeks within five years.
The common reasons TD stops
You return to work
Once you're back at your usual pay, TD ends. If you return at lower pay, you may get temporary partial disability for the difference.
Your doctor releases you, or work within your restrictions is offered
If your treating physician says you can do your regular job, TD ends. If the doctor gives restrictions and your employer offers modified work that fits them, TD generally ends whether or not you accept the job. If your employer can't accommodate the restrictions, TD continues.
You reach maximum medical improvement (MMI)
When the doctor says your condition has stabilized and isn't expected to improve much more with treatment, it is "permanent and stationary" (P&S) or at MMI. TD ends, and if you have lasting impairment, permanent disability payments begin, generally within 14 days.
You hit the 104-week cap
For injuries since 2008, TD can't exceed 104 compensable weeks within five years from the date of injury. Weeks with partial TD count too.
Exceptions: up to 240 weeks
Labor Code §4656(c)(3) allows up to 240 weeks within five years for specific injuries, including: acute and chronic hepatitis B and C; amputations; severe burns; HIV; high-velocity eye injuries; chemical burns to the eyes; pulmonary fibrosis; and chronic lung disease.
Notice before TD ends
The claims administrator must send a written notice when it stops or reduces TD, with the reason and your rights. If you disagree, for example because the medical report is wrong or your employer didn't actually offer suitable work, you can object, ask for a QME evaluation, or file with the WCAB and request an expedited hearing. Read QME and AME and WCAB hearings.
What if I still can't work after 104 weeks?
- Medical treatment continues; the 104-week cap applies to TD payments only.
- If you have permanent disability, PD payments are next. In some cases PD can be advanced.
- You may be eligible for State Disability Insurance from the EDD or for Social Security disability. Benefits can offset each other, so check before applying.
- If you can't return to your job, look at the $6,000 SJDB voucher and the $5,000 Return-to-Work Supplement (returning to work).
Key deadlines
- 104 weeks of TD within 5 years of the injury (most cases).
- 240 weeks within 5 years for listed severe injuries.
- PD payments generally start within 14 days after TD ends if PD exists.
Report and claim deadline checker
Sources
- California Labor Code §4656 (temporary disability time limits)
- California Labor Code §4650 (timing of payments; late-payment increase)
- DWC fact sheet: Temporary disability benefits (PDF)
- DWC fact sheet: Permanent disability benefits (PDF)
- DWC: Workers' compensation benefits and current rates (2026 table)
Official sources checked November 2026. Laws and rates change; check the source for the latest version.
This guide is general information, not legal advice. Every case is different. For free help from the state, call the DWC Information & Assistance unit at 1-800-736-7401.