California · Workers' Compensation
Do You Get Paid If You Get Hurt at Work in California?
Yes. In most cases, your employer's workers' comp insurance pays you about two-thirds of your average wage while a doctor keeps you off work or on restricted duty. This is called temporary disability, and it is separate from your paycheck or your sick leave. Payments usually start after a short unpaid waiting period, and you are never required to use vacation or sick time first.
Eman Yazdchi, Esq., Certified Specialist in Workers' Compensation Law, California Board of Legal Specialization, State Bar of California.
California Board of Legal Specialization, State Bar of California
California Board of Legal Specialization, State Bar of California
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Past results do not guarantee, warrant, or predict future cases. Each case is different and results depend on specific facts and circumstances.
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Do I Get Paid If I'm Injured at Work in California?
Yes. California law requires your employer's workers' comp insurance to pay you while a work injury keeps you off the job or on restricted duty.
Every California employer, except the state itself, must carry workers' comp insurance or qualify to self-insure. Labor Code section 3700 sets that rule. When you get hurt on the job, this coverage pays you. Your employer's regular payroll does not. A claims administrator working for the insurance company sends the check instead.
This wage replacement benefit is called temporary disability, or TD. Labor Code section 4653 sets the rate at about two-thirds of your average weekly wage. TD applies once your treating doctor says the injury keeps you from doing your usual job and your employer has no safe modified duty for you. See how to get temporary disability benefits started for the exact steps to open a claim.
Getting paid does not depend on who caused the accident. Labor Code section 3600 pays benefits without regard to negligence, with a few narrow exceptions, such as an injury caused by the employee's own intoxication or by starting a fight. That no-fault rule means you do not have to prove your employer did something wrong to get paid.
Do You Have to Use Sick Leave or PTO While You're Out?
No. Nothing in California's workers' comp law requires you to use sick leave or vacation before or during your temporary disability payments.
Workers' comp and your employer's paid time off policy are two separate systems. Temporary disability comes from the insurance company once your claim is open. It does not come out of your sick leave or vacation balance.
There is one short exception to know about. The first three days off work are usually unpaid under workers' comp, a rule explained in the FAQ below and in our guide to when workers' comp starts paying in California. If you have accrued paid sick leave or vacation, you may use it to cover that gap. You do not have to.
California's paid sick leave law lets you use accrued paid sick days for your own health condition, and recovering from a job injury qualifies, according to the state's paid sick leave guidance. Some workers use vacation time the same way. The choice is yours, not your employer's, and workers' comp law does not require it.
What if Your Claim Is Denied? Can You Still Get Paid Through SDI?
Often, yes. If your employer or its insurance company delays or denies your workers' comp claim, you can file for California State Disability Insurance while you sort out the dispute.
The Employment Development Department runs State Disability Insurance, or SDI. Its own guidance confirms you can still file a disability claim if you are hurt at work, and EDD decides your eligibility from there, according to the EDD workers' comp FAQ. You usually cannot collect full SDI and full workers' comp for the exact same period. EDD lists real exceptions, though: your workers' comp benefit is delayed, your claim is denied, your workers' comp rate is lower than your SDI rate (you may get the difference), or your workers' comp benefit covers medical care only.
If you believe your claim was wrongly denied, you can challenge it. See what to do after a denied workers' comp claim in California for the appeal steps. For a fuller comparison of SDI and workers' comp, including how a settlement can affect each one, see workers' comp vs disability insurance in California.
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If your checks are late, your claim is denied, or you are not sure you are being paid the right amount, you do not have to sort it out alone. Eman Yazdchi reviews each situation individually and explains the options in plain language, including how a denial can be appealed and how SDI and workers' comp fit together.
Call (661) 273-1780 for a free consultation, or use the contact form to describe what happened. Yazdchi Law P.C. is based in Palmdale and represents injured workers across California. For what a workers' comp attorney typically charges, see how much a workers' comp lawyer costs in California.
Related questions
Keep reading to understand the bigger picture around a California workers' comp claim.
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Frequently Asked Questions
Is there a waiting period before you get paid?
Yes. Workers' comp usually does not pay for your first three days off work. Labor Code section 4652 waives that payment unless your disability lasts more than 14 days or you are hospitalized as an inpatient, in which case those first days are paid too. See when workers' comp starts paying in California for the full payment timeline.
When does the first check actually arrive?
By law, your first temporary disability payment is due within 14 days after your employer learns about the injury and the time off it caused, under Labor Code section 4650. A late payment adds an automatic 10 percent increase. For the full step by step schedule, see when workers' comp starts paying in California.
How much of your paycheck does workers' comp replace?
Temporary disability pays about two-thirds of your average weekly wage, between a set weekly minimum and maximum.
| Temporary disability weekly rate | 2025 | 2026 |
|---|---|---|
| Minimum | $252.03 | $264.61 |
| Maximum | $1,680.29 | $1,764.11 |
For the full breakdown, including how your average wage is calculated, see how much workers' comp pays in California.
Does being out for a work injury count as using your sick leave?
No. A work injury is handled through your workers' comp claim, a separate system from your employer's regular sick leave bank. Temporary disability payments do not reduce your accrued sick leave or vacation balance. You may choose to use accrued paid sick leave to cover the unpaid waiting period described above, but it is optional.
Do you still get paid if the accident was partly your fault?
Usually, yes. Labor Code section 3600 pays workers' comp benefits without regard to negligence, including your own carelessness. The narrow exceptions include an injury caused by the employee's intoxication or by starting a fight. Outside those situations, your own mistake does not block your payments.
Is workers' comp pay taxable?
Taxability follows its own separate rules. See is workers' comp taxable in California for a full, sourced answer.
Do you get your full pay on workers' comp?
No, not for most workers. Temporary disability pays about two-thirds of your average weekly wage, not your full paycheck. The one exception is certain public safety employees, such as full-time police officers and firefighters, who can draw full salary instead of temporary disability for up to a year under Labor Code section 4850. Outside that narrow group, your regular paycheck does not continue while you are off work.
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