According to the U.S. Bureau of Labor Statistics, private industry employers reported 2.6 million nonfatal workplace injuries and illnesses in 2023. This is an 8.4% decrease from the previous year.
Still, with accidents still happening in the workplace, all employers must provide workers’ compensation insurance to protect their employees. This insurance can cover medical expenses, lost wages, and rehabilitation costs for employees.
But how long can you be on workers’ compensation in California?
Let us discuss some factors that affect the duration an injured employee receives workers’ compensation payments.
Workers’ Compensation Duration Limits in California
The duration of a workers’ compensation benefit is strictly limited in California. If you are injured due to a workplace accident, it is best that you know the benefits and the reasonable period of time relative to the injury.
There are temporary disability benefits that provide wage replacement for employees who cannot work due to their injury or illness. But these are subject to the state’s minimum and maximum limits.
There are also permanent disability benefits. In this case, the duration for these benefits depends on the level of your impairment.
Being able to tell the difference between limits imposed on temporary disability benefits and permanent disability benefits is helpful. Both are designed to give some sort of continuing support if you’re not able to recover fully from your injury and go back to work.
Temporary Disability Benefits Period
Temporary disabilities usually last for a given time after an injury. Typically, one may be compensated for a temporary disability for up to 104 weeks within a span of 5 years from the time the injury actually occurred. Exemptions may be considered depending on several factors, such as the nature of the injury and whether the individual can return to work.
During this temporary time, you are paid for some hours lost due to the incapacity to work for the injury sustained. The amount you will receive depends on your average weekly wages before the injury and the state-mandated minimum and maximum limits.
Texas truck accident lawyer Lorenzo C. Merritt signifies the importance of keeping communications respectful with your employer, healthcare provider, and worker’s compensation insurance carrier so that the benefits to which you are entitled will come your way in this temporary period.
Permanent Disability Benefits Duration
If your injury or occupational disease causes permanent impairments, California affords benefits in the form of permanent disability compensation. Awards for permanent disability compensation depend on medical factors concerning your particular occupation and your age when you were injured.
If you have questions about the time frame of permanent disability benefits, it would be wise to consult an attorney who can give you advice.
Vocational Rehabilitation Timeframes
Vocational rehabilitation periods are available to facilitate injured workers in returning to suitable gainful employment. Typically, 52 weeks, depending on individual circumstances and progress and as advised by the treating physician and the vocational counselor.
Job placement assistance, vocational training, and counseling may assist you in returning to work in a capacity that permits your injury-related limitations. Ask your workers’ compensation attorney about the length of your vocational rehabilitation.
Factors Influencing Benefit Length
Some key factors affecting the duration of benefits an injured worker receives under the California workers’ compensation system include how long injuries tend to last. A major factor is the severity of the injury. Generally speaking, the more severe the injury, the longer an injured worker is eligible for benefits. For example, permanent disability usually entitles the worker to benefits for a longer duration than if the injury were only temporary.
Ability to return to work also has a bearing on the length of benefits. If an injury prevents you from working or limits the types of work you can do, then this would be a factor in receiving benefits for a longer period. The opinions of doctors regarding your ability to recover and perform work are significant in determining the duration of your workers’ compensation.
Your rehabilitation process would be a factor as well. If you are rehabilitating slowly, then benefits should continue until you are able to work fully.
Conclusion
In California, the length of time on workers’ compensation depends on the factors listed above. Always update yourself with developments and regulations thereof to avoid running into common problems with workers’ compensation.
