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California Workers' Comp Settlement Charts: 2021-2023

Written by
A drawing of the lead workers' compensation lawyer for Atticus.
Victoria Muñoz
Lead Attorney
Published September 12, 2022
4 min read
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There are several workers' compensation settlement charts in California, and they can be confusing to follow.

People most commonly reference the temporary disability rate chart—which outlines the monthly amount you’ll receive while you’re actively out of work.

However, the state of California also offers benefits for permanent disability, for the employees estate in the case of death, and mileage recuperation. 

We’ll cover all the workers' comp settlement charts in California and explain how you can expect to be compensated, at any stage of your claim.


While these charts seem clear cut, a lot can depend on the details of your claim, your doctor, and your legal representation. In fact, workers’ comp claimants with legal representation receive 5x higher payouts on average. 

If you’ve filed, or are about to file a workers' compensation claim, Atticus can help. We give free legal advice and can match you with a vetted lawyer (for free).

Maximize your workers' comp benefits today

Settlement chart: Temporary disability rates

Temporary disability benefits are paid for lost wages. You get them while you’re still actively recovering from your injury, and are unable to work. In California, you can receive temporary disability benefits for up to 104 weeks. 

If you were injured in 2022, and made more than $346.43 per week, prior to your injury, you’ll receive two-thirds of what you made while you were working. Anything below that, and you’ll receive a set $230.95 per week. 

Here are the temporary disability benefit charts for the last three years.

Date of Injury: 1/1/2023 or later

Average Weekly Earnings

Temporary Disability Rate

Below $364.29

$242.86

$364.30 to $2428.72

2/3 x Average Weekly Wage

Date of Injury: 1/1/2022 or later

Average Weekly Earnings

Temporary Disability Rate

Below $346.42

$230.95

$346.43 to $2309.56

2/3 x Average Weekly Wage

Date of Injury: 1/1/2021 or later

Average Weekly Earnings

Temporary Disability Rate

Below $305.16

$203.44

$305.17 to $2034.47

2/3 x Average Weekly Wage

If your workers' compensation was initially denied, but later settled, you may receive these amounts in “back pay,” as a part of your settlement package. Once you’ve reached “maximum medical improvement” (your doctor says your condition has stabilized, and won’t continue to improve), you may be eligible for permanent disability benefits. 

Settlement chart: Permanent disability rate

If you qualify for permanent disability benefits, it’ll start to pay out once temporary disability benefits stop. 

Once your condition has stabilized, if you’re still affected by your injury, you’ll receive a disability rating. That disability rating will determine the duration of your ongoing payments. From 2014-2023 the minimum and maximum weekly payments for permanent disability were the same, and are listed below. 

Permanent Disability Minimum Weekly Rate 2014-2022

Permanent Disability Maximum Weekly Rate 2014-2022

$240.00

$435.0

Within these ranges, you’ll continue to be paid two-thirds of your weekly wage, like with temporary disability. 

For example, if before you were injured, you made $525 per week on average—you’d continue to receive two-thirds of that weekly. So you’d receive $350 per week throughout the duration of your permanent disability benefit. 

Calculating the duration of your permanent disability benefit comes down to your disability rating. 

Permanent Disability Rating Percentage 

Number of payment weeks for each percentage point

Under 10

4

10 - 24.75

5

25 - 29.75

6

30 - 49.75

7

50 - 69.75

8

70 - 99.75

9

For example, if your disability rating was 20, you’d receive 5 weeks of payments for each percentage. 20 percent times 5 weeks = 100 weeks of benefits. 

If you, like in our last example, had prior average weekly earnings of $525 per week, and a disability rating of 20%, you’d receive $350 (2/3rds of that) for 100 weeks. Your total benefit would be $350 times 100, or $35,000.

As you can tell, your permanent disability rating can make a considerable difference in the amount of money you receive, over time, for your workers’ compensation claim. This is one area in which it pays to have a lawyer; whether your permanent disability rating is accurate and sufficient is something that can be litigated. 

A note on total permanent disability

It’s very rare to have an injury that results in a disability rating of 100%. This only occurs if a person isn’t able to work in any capacity for the rest of their lives. Some examples that may qualify for an 100% rating include blindness in both eyes, total paralysis, or losing the use of both arms.

If you do qualify for total permanent disability benefits, you’ll receive payments for life. The amount of these payments, again, is equal to two-thirds of your pre-injury average weekly wages.

Settlement chart: Mileage reimbursements

If you have to drive to get care after your injury, you can be reimbursed for transportation. This includes parking, mileage, and bridge tolls for any transit  to doctors, hospitals, therapy or the pharmacy. 

Reimbursement rates are as follows: 

Date of transportation

Reimbursement per mile traveled

On or after 7/1/2022

$.625

On or after 1/1/2022

$.585

On or after 1/1/2021

$.56

On or after 1/1/2020

$.575

On or after 1/1/2019

$.58

On or after 1/1/2018

$.545

On or after 1/1/2017

$.535

Settlement chart: Death benefits

If an employee dies in a work-related accident, their families are entitled to a few types of financial benefits. First, there’s a fixed amount for burial expenses—up to $5,000 if the incident occurred before 2013, $10,000 if the incident occurred after 2013. 

Death benefits are calculated based on the amount of dependents. The rules about dependency are complicated, but in general, a dependent is anyone who was reliant on employee for financial support (They also have to make under $30,000 a year on their own). 

You can also be a “partial” dependent, if you relied on the employee for financial support, but had other significant sources of support. 

Dependents

1 total dependents

$250,000

2 or more total dependents

$290,000

3 or more total dependents

$320,000

1 total plus 1 or more partial dependents

$250,000 plus four times annual support for partial dependents not to exceed $290,000

1 or more partial dependents

Eight times annual support not to exceed $250,000

These amounts aren’t paid out all at once—they’re paid at the same rate as temporary disability benefits. So dependents receive a payment weekly equal to two thirds of the workers average weekly salary. 

Get your maximum workers’ compensation payout

While the compensation for workers' comp in California looks clear cut, the healthcare you’re entitled to, your permanent disability rating, and your overall settlement amount can be negotiated. Having the right lawyer on your team can make all the difference. 

At Atticus, our team vets workers’ compensation attorneys around the country, and handpicks the best-fit lawyer for each case. We offer free legal advice, and our services are always free. Get started today.


Frequently asked questions

What are the California temporary disability rates for the past 3 years?

From 2022-2023, the temporary disability rate has been equal to 2/3rds of your former average weekly salary. There was a minimum rate of $242.86 in 2023, $230.95 in 2022, and $203.44 in 2021.

What is the minimum California permanent disability rate?

The minimum weekly permanent disability rate in California is $240.00 per week. 

What is the maximum California permanent disability rate?

The maximum weekly permanent disability rate in California is $435.00 per week.

What is the California mileage rate for disability transportation?

The mileage rate for disability related transportation is $.625 per mile, as of 7/01/2022.

What are the California death benefits for workers who die in work-related accidents?

The death benefit amount depend on the diseased number of dependents—ranging from $250,000 for one total dependent, to $320,000 for three or more total dependents.

A drawing of the lead workers' compensation lawyer for Atticus.

Victoria Muñoz

Lead Attorney

Victoria Muñoz is an attorney on Atticus’s Workers' Compensation team. She’s a licensed attorney, a graduate of Stanford Law School, and has counseled hundreds of people seeking workers' compensation. In her free time, she enjoys hiking and spending time with her pup.
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