{"id":12669,"date":"2024-12-06T19:57:37","date_gmt":"2024-12-06T19:57:37","guid":{"rendered":"https:\/\/www.losangelesemploymentattorney.org\/?page_id=12669"},"modified":"2025-12-11T18:22:19","modified_gmt":"2025-12-11T18:22:19","slug":"factors-that-influence-how-long-you-can-receive-workers-compensation","status":"publish","type":"page","link":"https:\/\/www.losangelesemploymentattorney.org\/es\/factors-that-influence-how-long-you-can-receive-workers-compensation\/","title":{"rendered":"Factors that Influence How Long You can Receive Workers’ Compensation"},"content":{"rendered":"

\"Factors<\/a><\/p>\n

If you sustained an injury or developed an illness related to your job duties, you may qualify to receive payments through the state\u2019s workers\u2019 compensation system. These payments serve as a lifeline for those in need of medical care and lost wages during the recovery period \u2013 sometimes, for the rest of their lives.<\/p>\n

Workers\u2019 comp is governed by many rules and procedures, including how long you can receive benefits as an injured worker. In this article, we will offer an explanation of benefit duration and factors influencing the length of compensation for a workplace injury claim. Aside from helping you plan ahead, you can learn about the steps you can take once your benefits come to an end.<\/p>\n

Though we can provide you with general information, it\u2019s crucial to obtain answers that are specific to you and the injuries you suffered within the course of your job duties. Please contact California Labor Law Employment Attorneys Group and talk to a California workers\u2019 compensation attorney.<\/p>\n

When can I Start Receiving Workers\u2019 Comp Benefits?<\/h2>\n

In terms of medical care, you are entitled to immediate treatment for an injury, so please seek medical attention right away if you are injured at work. If you have a severe injury, go to the emergency room immediately. Otherwise, talk to your supervisor first, so they can let you know which medical provider you should go to. In actuality, you have 30 days to notify your employer of a work accident or injury, but we strongly advise that you let them know as soon as possible.<\/p>\n

One thing that confuses workers is the fact that TTD (temporary total disability) is not paid for the first 3 days after the date of injury \/ accident. However, if you are unable to resume working after the 3-day period, those days will be paid retroactively. This is why you should not hesitate to report the incident and ensure that a claim is initiated with your employer\u2019s insurance company.<\/p>\n

All this may sound straightforward, and that\u2019s certainly what should happen when you file a claim for workers\u2019 compensation. With very few exceptions, these are benefits that you are guaranteed by law. However, many workers find it challenging to qualify for payment, or find that their benefits are cut off even if they are eligible for additional weeks. If you are experiencing problems with a work injury case in the state of California, please contact our law firm.<\/p>\n

How Long can I be on Workers\u2019 Compensation?<\/h2>\n

As a general rule, you are entitled to 104 weeks of worker\u2019s comp under California law. To begin payments, you will need to see the doctor that\u2019s chosen by your employer, unless you pre-designated a physician ahead of time for this purpose. Once the doctor verifies that you have a work-related health issue, you can start to receive coverage for your medical needs, lost wages, and other applicable benefits.<\/p>\n

So, if you do the math, it would seem that you are allowed to be on workers\u2019 compensation for 2 years. However, all 104 weeks do not need to be used in a 2-year time period. In actuality, it can be spread out over 5 years as long as the injury occurred after January 1, 2008.<\/p>\n

In some cases, you may be allowed up to 240 weeks of WC benefits. This applies to cases involving severe illness or injury, such as chronic lung disease and third degree burns.<\/p>\n

How long Do Permanent Disability Benefits Last?<\/h2>\n

If you have a particularly serious injury or related complications, you may be unable to work in any capacity for the rest of your life. In these situations, you may be eligible for permanent disability (PD) as part of your workers\u2019 compensation benefits.<\/p>\n

Whether or not you can receive permanent disability and how much you will receive is based on several factors:<\/p>\n

Disability Rating<\/h2>\n

The doctor that examines you for a work accident or related injury will assess your condition using the American Medical Associations Guide to the Evaluation of Permanent Impairment (5th<\/sup> edition). This is the information that will be used to determine your disability rating. The rating is based on the severity of the injury or illness and how it affects your ability to perform tasks that are associated with daily living.<\/p>\n

Please note that doctors do not factor the activities you do at work as part of your disability rating. The rating is based on a scale of 0% to 100%, with 0% meaning there is no disability that affects your ability to work, while 100% indicates total and permanent disability. So, you can conclude that the higher the rating, the longer you stay on worker\u2019s compensation.<\/p>\n

Date of Injury (DOI)<\/h2>\n

Quite often, this is the date of whenever you were injured in a work-related accident, like a slip and fall or cutting yourself on broken glass. But it can also indicate when you were diagnosed with an injury resulting from your work duties, like carpel tunnel syndrome from years of repetitive hand and wrist motions.<\/p>\n

Pre-Injury Income<\/h2>\n

It\u2019s important to understand that income is the only factor that\u2019s taken into consideration in the calculation of permanent disability benefits. Furthermore, most PD payments are capped at a rate of $290 per week.<\/p>\n

The amount you will receive is determined by your claims administrator, which is based on a formula involving these 3 factors:<\/p>\n

    \n
  • Your disability rating<\/li>\n
  • Compensation rate<\/li>\n
  • Duration of benefits<\/li>\n<\/ul>\n

    A workers\u2019 comp lawyer at our office can explain these categories to you in detail verify and which benefits you are entitled to. Though payments are usually made on a biweekly basis, but there are times when a claimant receives a lump sum of money.<\/p>\n

    Guidance from a California Workplace Injury Lawyer<\/h2>\n

    Injury and illness on the job are bound to happen at some point for most of us, whether we had an accident or developed a cumulative use injury. Our legal team has decades of experience in fighting for the rights of California employees. We are committed to bringing you maximum payment on a workers\u2019 compensation claim and ensuring that you are treated fairly by the insurance company.<\/p>\n

    All legal fees are deferred until there is a successful resolution to your case. That mean you pay nothing upfront, nor will you pay a single penny in legal fees unless we obtain your settlement. This is our promise to you under the Zero Fee Guarantee, which you can learn more about during a free, private consultation.<\/p>","protected":false},"excerpt":{"rendered":"

    If you sustained an injury or developed an illness related to your job duties, you may qualify to receive payments through the state\u2019s workers\u2019 compensation system. These payments serve as a lifeline for those in need of medical care and lost wages during the recovery period \u2013 sometimes, for the rest of their lives. Workers\u2019…<\/p>","protected":false},"author":10,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"om_disable_all_campaigns":false,"_monsterinsights_skip_tracking":false,"footnotes":""},"class_list":["post-12669","page","type-page","status-publish"],"aioseo_notices":[],"aioseo_head":"\n\t\t\n\t\n\t\n\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t\n\t\t