Understanding the difference between temporary and permanent disability helps injured workers in Los Angeles plan benefits, income, and next steps under California’s workers’ compensation system. This article explains how each benefit works, when payments start and stop, and what changes when a doctor says you’ve reached maximum medical improvement (MMI). However, many workers confuse wage-replacement during recovery with compensation for lasting impairment, leading to missed benefits or delays
(California DIR Temporary Disability;
California DIR Permanent Disability).
Why People Struggle
- They assume all disability payments are the same, not realizing temporary disability replaces wages during recovery while permanent disability compensates for lasting impairment
(Temporary Disability;
Permanent Disability). - They don’t know temporary disability generally has a 104-week cap within five years of the injury date (with limited exceptions)
(DIR Factsheet C;
DIR Injured Worker FAQ). - They are unclear about what triggers the switch from temporary to permanent disability—often the MMI determination by the treating physician
(DIR Glossary;
Injured Worker Guidebook Chapter 7). - They don’t realize permanent disability ratings use a formula that includes impairment, age, and occupation
(DIR Permanent Disability). - They mix up California workers’ compensation with federal Social Security disability, which has a different legal definition and process
(SSA Definition of Disability;
SSA Regulations 404.1505).
In this article, you’ll learn how to avoid these pitfalls and make informed choices.
Temporary Disability: Wage Replacement While You Recover
Why it matters: Temporary disability (TD) payments replace part of your wages when your work injury prevents you from doing your usual job while you recover (DIR Temporary Disability).
What to do: Obtain a medical report showing your work restrictions. If you can’t work at all, payments are typically classified as Temporary Total Disability (TTD); if you can work with reduced hours or modified duties and earn less, it may be Temporary Partial Disability (TPD) (Injured Worker Guidebook Chapter 5).
Key facts: TD generally stops when you return to work or when you reach MMI. For most injuries, TD is limited to 104 payable weeks within five years from the date of injury (specific statutory exceptions apply) (DIR FAQ; DIR Factsheet C; DIR Time of Hire Notice).
Permanent Disability: Compensation for Lasting Impairment
The common mistake: Believing permanent disability (PD) begins automatically after any time off work. In reality, PD applies when a doctor says your condition has stabilized at MMI and you have a lasting impairment (DIR Glossary; Guidebook Chapter 7).
Why people make it: MMI can be misunderstood; it means your condition is “well stabilized and unlikely to change substantially,” not that you are fully recovered (California Code of Regulations §10152; DIR Glossary).
The correct approach: After MMI, your physician issues a report that leads to a PD rating. California uses a formula that includes whole-person impairment plus adjustments for age and occupation to calculate your PD percentage and payments. Learn how your permanent disability percentage is calculated and what it means for your benefits.
Permanent total disability (100% PD) is generally paid for life at the TD rate (DIR Permanent Disability; DIR Workers’ Compensation Benefits). For a step-by-step filing walkthrough and an explanation of ratings, see how to claim permanent disability benefits and the PD rating.
If your rating seems too low or benefits are delayed, speak with a Los Angeles permanent disability attorney to protect your rights. For evidence and documentation tips, see strategies for proving your permanent disability case.
Putting It Together: What Results to Expect
When you’re temporarily unable to work, TD provides partial wage replacement during recovery and is time-limited (generally up to 104 weeks within five years)
(DIR FAQ;
DIR Factsheet C).
Once your condition reaches MMI, TD typically ends and PD may begin if lasting impairment remains, with payments based on your rating, age, and occupation. If impairment is total (100%), benefits are paid for life at the TD rate
(DIR Permanent Disability;
DIR Benefits).
Note that Social Security disability is a separate federal program with a different standard—an inability to engage in substantial gainful activity for at least 12 months or expected to result in death
(SSA Definition;
SSA Regulation 404.1505).
FAQs
What’s the main difference between temporary and permanent disability?
Temporary disability replaces a portion of lost wages while you recover; permanent disability compensates you for lasting impairment after you reach MMI
(Temporary Disability;
Permanent Disability).
How long can I receive temporary disability in California?
For most injuries, up to 104 payable weeks within five years from the injury date, subject to limited statutory exceptions
(DIR Factsheet C;
DIR FAQ).
What triggers the switch from temporary to permanent disability?
A medical determination that you’ve reached MMI (your condition is well stabilized and unlikely to change substantially), followed by a PD rating process
(Regulation §10152;
Guidebook Chapter 7).
Is workers’ comp permanent disability the same as Social Security disability?
No. California PD is a state workers’ compensation benefit based on impairment rating. Social Security disability is a federal program that requires inability to perform substantial gainful activity for at least 12 months or expected to result in death
(SSA Definition;
SSA 404.1505).
Helpful Next Steps for Los Angeles Workers
Review your treating physician’s reports, keep copies of work-status notes, and note any MMI discussion. For questions about ratings, timelines, or appeals, consider speaking with a Los Angeles workers’ compensation attorney. You can also review California’s official guidance for injured workers
(Guidebook Chapter 5;
Guidebook Chapter 7).
For help with difference between temporary and permanent disability cases in Los Angeles, California, contact Koszdin, Fields & Sherry at (323) 375-5642.
