You want to know how much workers compensation will pay you in California and what that looks like in San Jose.
For 2025 injuries in California, temporary disability pays about two thirds of your average weekly wage, between $252.03 and $1,680.29 per week, with taxes not taken out.
I’ve handled California workers compensation cases for decades and helped thousands of injured workers secure fair wage loss checks through this system. For one on one help, start with my San Jose workers compensation lawyer services or call (408) 739-5300. In this article, I’ll cover what to expect, how the rules work, and how to protect your benefits.
Alt: San Jose workers compensation attorney meeting a client about California TD pay rates
What Workers Compensation Pay Means in California
Workers compensation pay replaces part of your wages while you recover from a job injury. In California, the core wage replacement benefit is temporary disability, which pays two thirds of your average weekly wage within statewide limits. Payments are issued every two weeks and are generally not taxed. When you reach maximum medical improvement, temporary disability stops and permanent disability may begin based on your impairment rating and work restrictions.
Why Workers Compensation Pay Matters in San Jose
The cost of living in San Jose is high, and missing even a few paychecks can strain any family. Knowing the minimum and maximum weekly amounts helps you budget, plan care, and evaluate modified work offers. It also helps you spot underpayments. If your checks do not reflect overtime, bonuses, or a second job, ask for a recalculation and consider legal help.
How to Calculate Your Weekly Temporary Disability Check
- Step 1. Confirm your date of injury. California adjusts rates each year based on statewide wages. For dates on or after January 1, 2025, new limits apply compared to 2024.
- Step 2. Gather pay records for the period before you were hurt. Include hourly wages, salary, overtime, shift differentials, regular bonuses, and reported tips.
- Step 3. Find your average weekly wage. Add up gross earnings for the relevant period and divide by the number of weeks. Seasonal or irregular workers may need a longer look back to be fair.
- Step 4. Apply the two thirds rule. Multiply the average weekly wage by 0.6667 to estimate your rate before limits.
- Step 5. Check the 2025 limits. Weekly pay must fall between $252.03 and $1,680.29 for injuries in 2025. If your two thirds number is below the minimum, you get the minimum. If it is above the maximum, you get the maximum.
- Step 6. Confirm tax treatment. Temporary disability is generally non taxable, so you should receive the full amount of the check without withholdings.
- Step 7. Verify start and end dates. Payments begin when your doctor certifies you cannot work or can work only with restrictions your employer cannot accommodate. They stop when you return to suitable work or reach maximum medical improvement.
- Step 8. Track the 104 week cap. Most workers can receive up to 104 weeks of temporary disability within five years of the injury date. Certain serious conditions allow extended periods.
- Step 9. Review partial disability rules. If you can work part time, temporary partial disability pays two thirds of the wage loss between your old earnings and what you earn now, subject to the same limits.
- Step 10. Ask for a reconsideration if numbers look wrong. Provide pay stubs, W 2s, or a wage statement to the adjuster. If needed, I will push for correction or take the issue to a judge.
Benefit Types You May Receive
- Temporary total disability when you cannot work at all during recovery.
- Temporary partial disability when you work fewer hours or at lower pay.
- Permanent disability after your condition stabilizes and you have measurable impairment.
- Supplemental job displacement voucher if your employer cannot offer modified or alternative work.
San Jose and California Specifics You Should Know
Rates and limits for 2025. California ties temporary disability to the statewide average weekly wage. For 2025 injuries, weekly checks must be no less than $252.03 and no more than $1,680.29. State announcement of 2025 rates explains the change tied to wage data.
Local venue and hearings. The San Jose Workers Compensation Appeals Board serves Santa Clara County. Many proceedings are held remotely.
Certification and forms. Your doctor issues work status notes that control payments. If benefits are delayed or denied, file an Application for Adjudication and request a hearing at the San Jose office.
Return to work in San Jose. Many employers offer modified duties. If the offer fits your restrictions, accept to keep income. If unsuitable, document concerns and ask your doctor to clarify limits.
Common Underpayment Errors and How to Fix Them
Average weekly wage errors are common. Adjusters may miss overtime, premium pay, or a second job. They can also use too short a look back period. Ask for the wage statement that set your rate and compare it with your records. Provide corrected numbers in writing. If disagreement continues, I can request a conference so a judge decides quickly.
If your checks stop despite ongoing treatment, review the 90 day rule discussed in what the 90 day rule means.
Documentation Checklist Insurers Accept
Keep copies of every work status note, pay stub, direct deposit record, and adjuster letter. Insurers rely on clear proof for start dates, wage calculations, and continuing disability. If a report contains mistakes, ask your doctor to issue a corrected note and send it to the adjuster and to me.
Timeline From First Missed Shift to Your First Check
Most people see the first check within a few weeks after the doctor certifies disability. The insurer has fourteen days to accept, delay, or deny after learning of the injury. If accepted, payments issue every two weeks. Delays often stem from missing employer wage data or unclear medical notes. I press carriers to meet deadlines and get your checks started.
Decision Framework When Modified Work Is Offered
If light duty is offered, compare tasks to your medical restrictions. If the offer fits, accept to keep income and show cooperation. If it conflicts with restrictions, notify your supervisor and ask your doctor for a specific note. When the offer pays less than before, temporary partial disability should make up two thirds of the wage gap, within weekly limits.
Weekly Benefit Examples in 2025
Here are simple examples showing how two thirds and the 2025 caps affect weekly checks.
| Average wage | Two thirds math | Weekly TD result |
|---|---|---|
| $450 average wage | Two thirds equals $300 | Weekly TD pays $300 |
| $1,200 average wage | Two thirds equals $800 | Weekly TD pays $800 |
| $3,000 average wage | Two thirds equals $2,000 | Capped at $1,680.29 |
For a full list of benefits, see what benefits you can get. The Division of Workers Compensation explains rules at DWC benefits overview. Independent research confirms the 2025 increase, including analysis by CWCI.
Alt: California worker in San Jose reviewing a workers compensation temporary disability check for 2025
Get Clear Answers and the Weekly Pay You Deserve
If your checks are late, low, or stopped, I will review your wage records, medical notes, and benefit history and pursue corrections. Start with San Jose workers compensation lawyer services or reach me at (408) 739-5300. There is no fee unless we win.
Resources
DWC announcement of 2025 TTD rates
DWC workers compensation benefits overview
CWCI analysis of 2025 benefit changes
San Jose WCAB office information
Further Reading
How to file a workers compensation claim in San Jose
What benefits can you get from workers compensation in California
What is the 90 day rule for workers comp in California
