Suffering an injury on the job can raise many questions about how you will earn an income for yourself and your family. That could mean filing a workers’ compensation claim. However, if you are wondering how long you can be on workers’ comp in California, the answer could be complicated. Speak with a skilled Palm Springs workers’ compensation lawyer if you have questions about your right to workers’ comp.
Compensation for Workplace Injuries and Illnesses
Workers’ compensation provides payment and other benefits to employees after sustaining injury while on the job. Workplace incidents covered by workers’ comp rights include one-time accidents and repeated exposures within the job environment. The types of payments that you could receive are dependent on the types of physical or mental injuries that you are exposed to.
Some psychological injuries resulting from work-related stress or traumatic professions may also be covered by workers’ compensation. Consult with a qualified workers’ comp lawyer if you’re unsure whether your injury or condition may qualify.
Temporary Versus Permanent Disability Benefits
Workers’ compensation benefits cover the costs of your medical care, including hospital bills, doctor’s appointments, prescribed medications, assistive equipment, etc. Death benefits provide payments to the spouse, minor children, or other dependents of a worker who died from a job-related injury or illness.
Temporary and permanent disability benefits provide the injured worker with regular payments while unable to earn wages. Temporary disability benefits are awarded to workers who require an extensive period to recover from injury. How much each payment installment will be is influenced by the employee’s average weekly earnings before the injury and the year their injury occurred; there is a minimum and maximum payment amount one may receive.
If the injured worker does not make a full recovery and is rendered permanently disabled to some degree, they may transition from temporary compensation to permanent disability benefits. The extent of the permanent loss of physical or cognitive function sustained must be measured by a doctor. The amount of each payment for permanent disability benefits is determined by the degree of disability, the average weekly wages of the worker before the injury took place, and the year that the injury took place.
Those eligible for permanent disability may also receive a Supplemental Job Displacement Benefit. This benefit comes in the form of a voucher, with a predetermined amount, meant to pay for an employee’s retraining or skill enhancement if their employer does not offer them work and the worker does not return to work for that employer.
Length of California Workers’ Compensation Benefits
An injured employee will receive temporary disability benefits if they lose wages. Lost wages could result from their doctor saying they cannot return to work for more than three days, the worker being hospitalized overnight, or their employer not offering them alternative work that pays their usual wages during recovery. If able to do some work during recovery, the employee may receive temporary disability compensation if their wages are below the standard legal limit.
Temporary disability payments will begin within two weeks of the employer being made aware that a work injury or illness was sustained and the employee’s doctor affirms that affliction prevents them from working. Payment installments are provided every two weeks as long as the worker qualifies. These benefits will end when:
- The worker’s doctor approves them to return to work
- The employee returns to work or comparable work and earns regular wages
- The injured worker has recovered as much as possible, with their condition no longer improving and not worsening
- 104 weeks of temporary disability within five years from the date of injury have been provided
If the employee is told by their doctor that they will never fully recover or will always be somewhat limited in carrying out their work, they may be eligible for permanent disability benefits. Permanent partial disabilities provide workers with the total amount of their benefit payments over a fixed number of weeks.
Workers with a permanent total disability are eligible to receive payments indefinitely. The treating doctor will rate the impairment in question based on set medical guidelines. Permanent disability benefits end when the legal maximum amount has been reached or when the case has been settled, and the employee has been awarded a lump sum.
FAQs
How Long Can You Stay on Workers’ Comp in California?
Workers’ compensation can last up to 104 weeks. Temporary disability benefits either end when the worker is approved to return to work, the worker’s medical condition is no longer improving or worsening, or when the maximum amount of temporary disability benefits has been provided. For a permanent partial disability, payments last until the total amount of set calculated benefits are provided. Permanent total disability lasts until the legal maximum has been exhausted or upon providing a lump sum within a settlement.
Can I Be Terminated While on Workers’ Compensation in CA?
In California, an employer reserves the legal right to terminate a worker for lawful reasons at their discretion, including when that employee happens to be receiving workers’ comp benefits. However, it is prohibited for an employer to fire a worker for reasons related to them incurring injury, requesting workers’ comp, or for taking workers’ comp.
What Is the Five-Year Rule for Workers’ Comp in California?
The five-year rule for workers’ comp in California refers to how long an injured employee is able to receive temporary disability benefits. Temporary disability payments can last up to 104 weeks within the five years following the date when the employee sustained the injury. If still disabled after this time has passed, the worker may be eligible for permanent disability.
What Benefits Are Included Under Workers’ Comp in CA?
Workers’ compensation in California includes coverage for all necessary medical care related to workplace injury or illness, along with temporary disability payments if the worker loses wages while recovering for multiple days or longer. Workers’ comp also includes permanent disability payments for employees determined to have a partial or total permanent disability in addition to Supplement Job Displacement benefits for qualifying cases.
California Workers’ Comp Lawyer
Workers’ compensation lawyers English Lloyd & Armenta are prepared to work diligently on your case. We understand how difficult recovering from an injury or medical complication can be. Our team is here to ensure you secure the compensation you’re entitled to and protect your rights as a worker. Contact our team today to schedule a consultation.