How Long Can I Be on Workers’ Compensation in California?
If you’ve been injured on the job, workers’ compensation benefits can provide much-needed medical care and wage replacement while you recover. But how long can you stay on workers’ compensation in California? The answer depends on the severity of your injury, your ability to return to work, and whether you qualify for extended benefits. At Invictus Law, P.C., we help injured workers in Orange County and the Inland Empire navigate the workers’ compensation system to ensure they receive the benefits they deserve. If you need help getting workers’ comp or if your employer terminates your benefits too early, contact our offices in Orange or Ontario to speak with a skilled and experienced Southern California workers’ compensation lawyer.
Temporary Disability Benefits: Up to Two Years
Most workers’ compensation cases involve temporary disability benefits, which provide payments while you are unable to work due to your injury. In California, temporary disability (TD) benefits are generally available for up to 104 weeks (two years) within a five-year period from the date of your injury. These benefits typically replace two-thirds of your average weekly earnings, subject to state minimum and maximum limits.
However, there are exceptions for severe injuries, such as:
- Severe burns
- Amputations
- Chronic lung disease
- High-velocity eye injuries
For these conditions, TD benefits may extend up to 240 weeks (about four and a half years).
Permanent Disability Benefits: No Set Time Limit
If your injury results in a permanent disability that prevents you from fully recovering, you may qualify for permanent disability (PD) benefits. The amount and duration of these benefits depend on your disability rating, which is determined by medical evaluations and factors such as your age, occupation, and the extent of your impairment.
Permanent disability benefits are typically paid in weekly installments and continue until the total award amount is exhausted. While there is no strict time limit for receiving PD benefits, they do not provide lifelong income in most cases unless you qualify for life pension benefits (applicable in cases of high disability ratings, typically 70% or more).
Medical Benefits: Lifetime Coverage
One significant advantage of California’s workers’ compensation system is that medical treatment for your work-related injury can be covered for life, as long as the care remains reasonable and necessary. This means that even if your temporary disability (wage replacement) benefits end, you can still receive medical treatment related to your injury at no cost to you.
Supplemental Job Displacement Benefits
If your injury prevents you from returning to your previous job and your employer does not offer alternative or modified work, you may qualify for a Supplemental Job Displacement Benefit (SJDB). This consists of a $6,000 voucher to pay for retraining, education, and related expenses to help you find new employment.
Can Workers’ Compensation Benefits Be Extended?
In some cases, injured workers seek to extend their benefits beyond the standard time limits. While temporary disability benefits are capped, you may have options if you are still unable to work, such as:
- Applying for State Disability Insurance (SDI) if your TD benefits have expired and you still cannot work.
- Seeking Social Security Disability Insurance (SSDI) if your condition is expected to last more than 12 months or result in permanent disability.
- Negotiating a workers’ compensation settlement that provides ongoing medical coverage or a lump sum payment.
Get Help From a Certified California Workers’ Compensation Attorney
Understanding how long you can remain on workers’ compensation and what options are available to you can be complicated. At Invictus Law, P.C., our board-certified workers’ compensation specialist and team help injured workers maximize their benefits and explore all available options for financial support. If you have questions about your claim or need assistance securing the benefits you deserve, contact us today for a free consultation.
