Individuals who are eligible for workers’ compensation benefits are financially supported during recovery from a work-related injury. For this type of stability, it is important to recognize how long these benefits will be applicable for an injury. Here’s how long you can receive workers’ compensation benefits in California.
What is Workers’ Compensation?
California law requires workers’ compensation benefits to be paid by an employer for workers affected by a work-related injury or illness. Examples that may entitle these financial benefits may be slipping and falling on the job, or getting in a car accident while making deliveries.
Typically, workers comp insurance will provide benefits in several forms of financial assistance, including medical care, temporary disability benefits, permanent disability benefits, supplemental job displacement benefits, or in severe cases, death benefits. It may also be beneficial to speak with an experienced attorney to fully understand what benefits you may be entitled to, depending on your circumstances.
For an individual seeking to file for workers’ compensation, it is necessary to fill out a DWC 1 claim form and give it to their employer. This action ensures a workers’ compensation case has been opened and the process for finding applicable benefits has been started. The State of California operates on a no-fault workers’ compensation system, which essentially means that workers cannot sue their employers in court, and they do not have to prove that their employer was at fault for their injury.
Related: Workers’ Compensation: File and Prove a Claim
Workers Comp Benefit Limits in California
It is important to note that workers’ comp benefits will not last forever. Most workers’ compensation policies will provide injured employees with two-thirds of their usual wages before any taxes are applied. The State of California caps the maximum weekly payment amount to a little over $1200, and the minimum weekly payment to about $180. These amounts are subject to adjustment each year by the California Division of Workers’ Compensation.
Related: How Workers’ Comp Payments Are Calculated in California
Compensation claims filed in California typically provide 104 weeks of benefits within a five-year period. With certain instances of severe illness or injury, such as chronic lung disease or severe burns, workers may be entitled to collect up to 240 weeks worth of comp benefits, which is a little over 4 years and 6 months. Furthermore, if an individual’s injury has prevented them from returning to work, they may also be qualified to receive benefits beyond the 104 week period. The eligibility period for receiving workers comp benefits begins on the date of the sustained injury, as this date will also be used to determine when benefits will begin upon claim approval.
Temporary vs. Long-Term Disability Benefits
Temporary disability benefits (TD) are payments given to an injured worker if their injury prevented them from returning to work, and thus lost out on entitled wages. One helpful resource to look at concerning injured workers’ compensation is the DWC website’s fact sheets and guides for understanding what type of compensation an individual may be eligible to receive. There are two different types of TD benefits: temporary total disability benefits (TTD), which may be received if one cannot work at all while recovering, and temporary partial disability benefit payments (TPD), which are applicable for individuals who cannot work their full schedule while recovering.
There are certain workers’ compensation insurance policies in place to assist with cases concerning life-changing injuries. Long-term disability benefits (LTD) may be applicable for employees that become permanently injured while at work. An LTD policy may last the entirety of the worker’s life, giving them monthly portions of their usual wages and medical costs. Though it is required by California law that employers provide short-term disability benefits to their workers, it is not mandatory for them to provide LTD policies.
Can my employer take part of my check to pay for workers’ compensation insurance?
Absolutely not. The point of workers’ compensation insurance is to amend any lost benefits and wages to you, the employee. This insurance is the cost of doing business, and an employer cannot use any part of your check to pay for the insurance premium.
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If you have any more questions about how long you can receive workers’ compensation benefits in California, contact us. We’ll get you in touch with the most qualified attorneys for your unique legal matter. Get your free consultation with one of our Work Injury Attorneys in California today!