Workers’ compensation benefits are meant to keep you financially stable while you are recovering from a work-related injury. Does that mean you will be able to use workers’ comp for as long as you are injured? Not necessarily. Workers’ compensation benefits usually have a limit, which could be reached before you are fully recovered.
2-Year Benefit Limit for Most Cases
In the typical workers’ compensation claim filed in California, benefits can be provided for 104 weeks or 2 years’ worth. The 104 weeks of benefits can be parceled out across 5 years, though, if you do not need to use all 104 weeks consecutively. Certain severe work-related injuries – like third-degree burns and lung diseases – can validate up to 240 weeks of workers’ compensation benefits, which is a little more than 4 years and 6 months.
Long-Term Disability Pay for Permanent, Life-Changing Injuries
Under some workers’ compensation insurance policies, workers can receive long-term disability (LTD) benefits if they are permanently injured while at work. An LTD policy can last the entirety of the workers’ life, providing a portion of their usual wages and medical cost benefits each month. However, California law does not require employers to provide LTD policies to workers, only short-term disability benefits.
If a worker is permanently injured at work, then they will likely need to pursue benefits through Social Security Disability (SSD) insurance. SSD could be used after any workers’ comp benefits end.
Financial Benefits Through Workers’ Compensation
Most workers’ compensation policies will provide a claimant with 66-2/3% of their typical wages before any taxes are applied. California caps the maximum weekly payment amount to $1,215.27, and the minimum weekly payment amount to $182.29. Both of these numbers are subject to change, though. The California Division of Workers’ Compensation can adjust these amounts each year.
Furthermore, any financial aid you receive through workers’ compensation is nontaxable. Benefits through SSD can be taxed, though.
Have questions about a workers’ compensation claim and benefits in California? Alvandi Law Group, P.C. of Orange County and Los Angeles can provide much-needed guidance and legal counsel, including helping you with filing a claim or challenging a claim’s wrongful denial. Please call us at (800) 980-6905 to get more information about our services.