If you are injured on the job in California, you may be eligible for workers’ compensation benefits. Workers’ compensation benefits pay your medical expenses, lost wages, and other expenses related to your injury. Although workers’ compensation benefits are not ongoing, the length you can receive them will depend on the type of benefit you are eligible for and the severity of the injury. At the end of this article, you will understand How Long Can You Be on Workers Compensation in California.
There are different types of workers’ compensation in California and for how many years you can enjoy them.
1. Temporary Disability Benefits (TD)
Temporary disability benefits are provided to workers who are unable to perform their jobs due to a work-related injury or illness. These benefits replace a portion of lost wages while the worker is recovering.
How Long Can You Receive Temporary Disability Benefits?
- In most cases, 104 weeks (2 years) of temporary disability benefits are available.
- These 104 weeks do not have to be consecutive but must be used within 5 years from the date of injury.
Exceptions to the 104-week Limit
Some severe injuries qualify for 240 weeks (4 years and 8 months) of temporary disability benefits. These include:
- Severe burns
- Amputations
- Chronic lung disease
- HIV/AIDS
- Pulmonary fibrosis
- Hepatitis B or C
If your injury falls under these exceptions, you may qualify for extended benefits.
What Happens When Temporary Disability Runs Out?
- If you are still unable to return to work after your 104-week limit, you may apply for State Disability Insurance (SDI) through California’s Employment Development Department (EDD).
- If your injury leads to a permanent disability, you may be eligible for permanent disability benefits (explained in the next section).
2. Permanent Disability Benefits (PD)
Permanent disability benefits are for workers who suffer lasting impairments from their work-related injury or illness. These benefits provide financial assistance to workers who may never fully recover or return to their previous jobs.
How Long Can You Receive Permanent Disability Benefits?
- There is no strict time limit for permanent disability benefits.
- The duration of benefits depends on your Permanent Disability Rating (PDR), which is determined by medical evaluations.
- The higher your disability rating, the longer you may receive payments.
How Are Permanent Disability Benefits Calculated?
- The amount and length of benefits are based on your disability percentage, which ranges from 1% to 100%.
- If you are 100% permanently disabled, you may receive weekly payments for life.
- If your disability rating is below 100%, benefits are paid for a set number of weeks, based on the percentage of disability.
3. Medical Treatment Benefits
Workers’ compensation also covers medical treatment for your injury. This includes doctor visits, surgeries, medications, physical therapy, and more.
How Long Can You Receive Medical Treatment Benefits?
- There is no set time limit for medical treatment, meaning you can receive care as long as it is medically necessary.
- However, treatments must be approved through the Utilization Review (UR) and Independent Medical Review (IMR) process.
- If the insurance company denies treatment, you may have to go through an appeals process to get approval.
4. Supplemental Job Displacement Benefits (SJDB)
If your injury prevents you from returning to your previous job and your employer does not offer suitable alternative work, you may qualify for Supplemental Job Displacement Benefits (SJDB).
How Long Are SJDB Benefits Available?
- This is a one-time benefit, not an ongoing payment.
- You receive a $6,000 voucher that can be used for job retraining, tuition, or career counseling.
- You must use the voucher within 2 years of receiving it.
5. Death Benefits (For Dependents of a Deceased Worker)
If a worker dies due to a work-related injury or illness, their dependents (spouse, children, or other family members) may be eligible for death benefits.
How Long Do Death Benefits Last?
- The duration of payments depends on the number of dependents and their financial needs.
- In most cases, dependents can receive payments for several years.
- A spouse may receive lifetime benefits if they are completely financially dependent on the deceased worker.
6. Can Workers’ Compensation Be Extended?
If you reach the limit for temporary disability benefits but are still unable to work, you have options:
- State Disability Insurance (SDI): If you are still recovering and unable to work after workers’ compensation benefits end, you may qualify for SDI through California’s EDD.
- Social Security Disability Insurance (SSDI): If your injury leads to long-term or permanent disability, you may be eligible for SSDI benefits from the federal government.
- Settlement: Some workers choose to settle their workers’ compensation case for a lump sum payment instead of continuing with periodic benefits.
Summary – How Long Can You Be on Workers Compensation in California
The length of time you can receive workers’ compensation benefits in California depends on the type of benefits and the severity of your injury:
- Temporary Disability: 104 weeks (or up to 240 weeks for severe cases)
- Permanent Disability: No strict limit; depends on your disability rating
- Medical Treatment: No limit, but treatments must be approved
- Job Retraining (SJDB): A one-time $6,000 voucher
- Death Benefits: Varies based on dependents
If you are nearing the end of your benefits and still need support, consider applying for SDI, SSDI, or negotiating a settlement. You may also consult with a workers’ compensation attorney to explore additional options and ensure you receive all the benefits you are entitled to.
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