The right to workers’ compensation is essential in the event you sustain an injury related to your job duties. For example, you may have been injured in an accident, like being cut with a sharp object or having something fall down on you. Other injuries are caused by repetitive motions and tasks over a long period of time. You can also end up with health complications from being exposed to toxic chemicals and other workplace hazards.
No matter how you got hurt, workers’ comp is an essential benefit that provides you with medical expenses, temporary or permanent disability, and other forms of compensation. As someone who is about to file a claim or receiving WC payments, you may have questions about how long you can claim these benefits. In essence, how long do workers’ compensation benefits last?
How Long can You be on Workers’ Comp?
The most common form of WC benefits – temporary disability – can last for 104 weeks. Payments are normally disbursed on a bi-weekly basis, and they do not have to be consecutive. You can actually spread out these payments over a period of 5 years.
Once you have reached 104 weeks of receiving workers’ compensation, your benefits will come to an end unless your injury is severe enough to merit additional time. In that case, you can receive payments for up to 240 weeks. After this period, you will be expected to return to work, even if it’s on a limited basis (limiting yourself to certain tasks, for example). Alternatively, you will need to qualify for permanent disability benefits if you are still unable to return to work.
How Long Do I have to File a Workplace Injury Claim?
In California, the statute of limitations for a WC claim is 1 year from the date of injury, which may be the accident date or when you found out about a workplace injury. If you fail to submit your claim by this deadline, you will lose the right to benefits altogether. This is why it’s essential to complete the necessary paperwork as soon as possible and seek help from a lawyer if you have any questions or concerns.
90-Day Rule for Workers’ Compensation
Just as you are bound by a specific timeline to file a claim, your employer’s insurance provider must also respond within a set window of time. If the insurance company does not respond to your claim within 90 days, you are automatically approved for payment. Please note that a response from the insurance company can be a denial, as well as an approval. Or, they may ask for additional information from you before they can process the claim.
Factors that Impact How Long You can Receive Workers’ Compensation
Workers’ comp payments provide you with medical treatments and services, lost income, lost earning potential, and other monetary losses. Some workers are on WC for a few months, while others need benefits for the rest of their lives. Factors that influence the duration of a workers’ compensation claim include:
- The severity of your injury
- Which benefits you qualify to receive
- Your disability rating
- How long you are expected to be out of work
- Whether you can resume at least some of you work duties
To maximize the payments that are owed to you, make sure to work with a California workers’ compensation lawyer, who can talk to you about you about your rights and legal options.
Temporary Disability Benefits
This is the most common form of payments that are issued under workers’ compensation. These payments start once your claim is approved and they are paid on a weekly basis until you return to work.
Temporary disability will cover between 60 to 70% of your weekly wages, unless the amount is lower or higher than the state’s minimum / maximum payments. There are two types of temporary disability benefits, which are as follows:
- Temporary Partial Disability (TPD)
– you can return to work for a limited number of hours as your recover from an injury
- Temporary Total Disability (TTD)
– you are unable to work at all during the recovery period
As we mentioned before, the maximum duration of temporary benefits is 104 weeks, which can be spread out over a period of 5 years. If you have a severe injury that is not permanently disabling, you can receive workers’ comp for up to 240 weeks.
For those with severe or disabling injuries, it may be a good idea to apply for SSDI (Social Security Disability Insurance (SSDI). Or, you may have the option of applying for permanent disability benefits if your injury gets worse to where you are likely to end up with a disability.
Permanent Disability
If it is determined by your physician that your illness or injury prevents you from a full recovery, you may have grounds to seek permanent disability benefits. This form of payment covers your lost wages and medical costs if you are unable to work on a permanent basis.
The duration of permanent disability benefits is based on your disability rating, which is assigned by your healthcare provider. Your age, how long you have been working, your occupation, and other factors also play a role in how long you will receive permanent disability. Thus, your payments can last for several years, or for the rest of your life is you have a severe and permanent disability.
Medical Benefits
All medical costs related to your workplace injury are covered by workers’ compensation. Medical benefits include:
- Doctor’s appointments
- Exams and lab tests
- Treatments, including surgery
- Prescriptions medications and devices
- Related services that are necessary to treat the injury
Unlike temporary disability payments, there is no time limit for how long you can receive medical benefits. The costs are covered for as long as they are considered necessary, with authorization from your employer’s insurance company.
Vocational / Rehabilitation Benefits
After a work-related injury, you may need assistance to regain the skills you lost or help you develop new ones in order to find another line of work. Vocational rehabilitation benefits include skills training, job placement assistance, and other services to help you find a job that accommodates your injury / illness. These benefits can last up to two years, and during that time, you will be required to show that you are participating in these programs and actively looking for work.
Let Us Fight for You
California’s workers’ compensation system is meant to help employees when they sustain an injury related to their work duties. If you need assistance with any aspect of a WC claim, don’t hesitate to give us a call.
Along with advice on your rights and legal options, we will charge you $0 upfront, and instead, wait until the recovery of your settlement to recoup our expenses. If you don’t get paid from a workplace injury claim, the Zero Fee Guarantee policy ensures that you won’t be responsible for any legal fees.
Contact California Labor Law Attorneys Group today and speak with one of our legal experts during a free case review.
