If you’ve been injured on the job, one of the most important questions is: How long does workers’ comp last in California?
In California, temporary disability benefits under workers’ comp typically last up to 104 weeks (two years) within a five-year period from the injury date. For less severe injuries, this duration is generally around two years. For certain serious injuries, benefits may extend to 240 weeks. Permanent disability benefits may last much longer, potentially for life, depending on the impairment.
If you’re unsure how long your benefits should continue—or believe they were cut off too soon—call Scher, Bassett & Hames at 408-739-5300 to speak with an experienced San Jose workers’ compensation attorney. With decades of experience guiding injured workers through California’s complex system, I’ll ensure your benefits are calculated fairly and protected for the duration you deserve.
In this article, I’ll break down how long different types of workers’ comp benefits can last—and what you need to know to protect your claim.
Duration of Temporary Disability Benefits in California
Temporary disability (TD) benefits are designed to partially replace your wages while you recover from your work-related injury or illness.
- Standard Duration: TD benefits are generally available for up to 104 weeks within a five-year window starting from the injury date.
- Extended Duration for Serious Injuries: Certain severe conditions—like third-degree burns or chronic pulmonary disease—qualify for up to 240 weeks of benefits.
- Payment Amount: TD benefits are typically two-thirds of your average weekly wages, subject to annual state maximum and minimum thresholds.
These benefits typically end when your treating physician determines you’ve reached Maximum Medical Improvement (MMI)—meaning your condition is stable and unlikely to improve with further medical treatment.
Permanent Disability: How Long Can Benefits Last?
Permanent disability (PD) benefits come into play when a worker has lasting impairment or loss of function due to their work injury.
There is no one-size-fits-all timeframe for PD benefits in California. The duration and amount depend on the severity of the injury and a doctor’s assessment, as well as the following factors: The duration of workers’ compensation benefits depends on the severity of the injury and a doctor’s assessment.
- Your Whole Person Impairment (WPI) rating
- Age and occupation at the time of injury
- Whether you can return to your previous job
Workers with low impairment ratings may receive benefits for a set number of weeks, while those with higher ratings may qualify for ongoing or even lifetime payments. In cases of total permanent disability, benefits can last for the rest of the worker’s life.
Vocational Rehabilitation and Supplemental Job Displacement Benefits
If your injuries prevent you from returning to your previous job, you may qualify for Supplemental Job Displacement Benefits (SJDB) in California. This includes:
- A one-time voucher worth up to $6,000 to pay for education, training, or skill enhancement
- Coverage for tuition, books, tools, and even computer equipment
This benefit is available if your employer does not offer you alternative or modified work within 60 days of your doctor stating you cannot return to your job.
Other Timeframes and Legal Considerations
Several other key timeframes and legal factors can impact how long your workers’ compensation benefits last:
Settlements
Many cases are resolved through settlements—either by stipulated agreement (ongoing benefits) or Compromise and Release (lump sum). Settling your claim affects how long benefits last, and may close the door on future medical care unless negotiated properly.
Five-Year Reopening Window
California allows workers to reopen a claim within five years from the date of injury if their condition worsens. This rule can be a crucial safety net, especially in serious or degenerative injuries.
Medical Treatment Timeline
While wage replacement benefits have time limits, medical care related to your injury may continue indefinitely if approved. This includes surgeries, therapy, medications, or durable medical equipment necessary for recovery.
How to Maximize the Duration and Value of Your Workers’ Comp Benefits
- Keep strong documentation: Maintain medical records, doctor notes, and proof of work limitations.
- Attend all medical appointments: Gaps in treatment can be used to deny or reduce benefits.
- Follow legal deadlines: Missing key deadlines for filings, appeals, or disputes could forfeit your rights.
Working with an experienced workers’ compensation attorney can also ensure your benefits are calculated correctly and paid in full. Don’t assume the insurance company has your best interest at heart.
Don’t Let Benefits Expire Without a Fight
If you’re worried your benefits are about to run out—or if your condition is still affecting your ability to work—talk to a California workers’ compensation attorney immediately. You may qualify for:
- Extended temporary disability benefits
- Permanent disability payments
- A structured or lump-sum settlement
- Vocational retraining assistance
At Scher, Bassett & Hames, we’ve been protecting California’s injured workers for decades. We understand the timelines, laws, and leverage points that can maximize your recovery.
Call 408-739-5300 today for a free consultation. We only get paid when you win.
Resources
- California Division of Workers’ Compensation
- U.S. Department of Labor – Workers’ Comp
- Social Security Disability Programs
