2024 What Happens After 104 Weeks of Workers’ Comp in California?

Workers’ compensation is a critical benefit that protects workers who have been injured in an accident on the job or developed a workplace-related illness or condition. However, depending on factors such as the rate of recovery and whether other conditions developed, payment receipt periods can vary. As 104 weeks is typically a milestone for workers’ comp payments, injured workers often wonder what happens after 104 weeks of workers’ comp in California.

By understanding the amount of time that an injured worker can receive workers’ compensation benefits, they can plan accordingly to protect themselves and ensure that their financial resources will adequately cover their future expenses. In cases where their disability continues to persist, injured workers can work with a dedicated employment lawyer to weigh their options, such as applying for Social Security Disability benefits.

Understanding the Time Period for Workers’ Compensation Payments

Workers’ compensation covers temporary disability payments, meaning that such benefits are only for individuals who are unable to work for a set period or until their condition improves. Workers receiving temporary disability benefits can receive 60% to 70% of the wages that they were earning prior to having their accident.

The two kinds of temporary disability benefits are temporary total disability, or TTD, and Temporary Partial Disability (TPD). The maximum time that an injured worker can receive such temporary disability payments is 104 weeks over a time period of 2 to 5 years. It’s important to note that the payments do not have to be made consecutively.

In some cases, if the injury was severe but did not disable the worker permanently, the maximum time for payments can be increased to a length of 240 weeks. Such conditions that may be eligible for such an extension include severe burns and chronic lung disease. If your temporary disability payments are coming to an end, it’s important to work with an experienced workers’ compensation lawyer who can help you weigh your options.

Options to Consider if Your Workers’ Compensation Payments Are Expiring

If your workers’ compensation benefits are expiring, but you are still recovering from your work-related injury or condition and are not ready to return to work, you can consider getting updated medical evidence that shows you are still not in a good place to return to work. Such evidence, such as medical records or doctor evaluations, can serve as support to get your temporary payments extended.

In certain cases, you might be able to negotiate with the workers’ compensation insurance company to get your temporary disability benefits extended. If the insurance company does not accept your request to extend benefits, you can appeal their decision. You can also request a reevaluation of your disability by the workers’ compensation board or an independent medical examiner.

Furthermore, you could consider looking into vocational rehabilitation options, which can help you transition into a new job or career. Such options include job placement assistance, job training, and other support. This option can be an opportunity to learn new skills and transition into a more fulfilling career.

A dedicated workers’ compensation lawyer can help you explore options that are optimal for your case to extend your benefits. An experienced attorney is likely to recognize the benefits that you qualify to receive and can build your application so there’s a greater chance of approval.

FAQs

Q: How Long Can a Workers’ Comp Claim Stay Open in California?

A: A workers’ compensation claim in California may be open for a varying amount of time. The total time period is dependent on factors including the seriousness and state of the injury, the amount of associated necessary medical treatment, and the rate of recovery of the injury. Additionally, an injury can worsen, necessitating reopening a claims case.

In some cases, claims are open when the worker gets to a state of maximum medical improvement, while others may continue to receive benefits for up to 104 weeks.

Q: What Happens After Permanent and Stationary?

A: If a worker becomes permanent and stationary after they get to the point of maximum medical improvement, they can get a disability evaluation done to see if any permanent impairment was brought on by the work-related injury. Depending on the results of the disability evaluation, the worker may be able to access permanent disability benefits or other benefit options. An experienced employment lawyer can help you explore your options if you have been determined to be permanent and stationary.

Q: What Is the Maximum Workers Comp Settlement in California?

A: In the state of California, there is no maximum amount that a person can receive after being injured on the job in workers’ compensation payments. The amount of a settlement is determined based on various factors, such as the extent of their impairment and injuries, their earning capacity prior to the accident, and the experience and skill of their legal representation.

In order to agree on a settlement amount, the parties involved typically carry out negotiations, or a workers’ compensation judge makes a decision.

Q: How Long Does It Take to Settle a Workers’ Comp Case in California?

A: The amount of time it takes to settle a workers’ comp case in the state of California varies based on factors including the nature and severity of the employee’s injury or condition, the ability of the parties involved to reach an agreement, the case complexity, and the current caseload in the workers’ comp system. While some cases can quickly be settled through mediation or negotiation, others may go to court, with the litigation process having the potential to be drawn out.

Explore Your Options for Case Extension With a Workers’ Comp Lawyer

If you have reached the 104-week mark or are getting close to reaching it, then you will soon lose your workers’ compensation benefits. Fortunately, if you are still struggling with impairments that keep you from carrying out everyday tasks or going back to work, there are different options, such as permanent disability benefits and vocational rehabilitation services, that you can explore to continue receiving benefits.

Get in touch with a loyal and skilled workers’ compensation lawyer from Canlas Law Group today to keep the financial protection you are entitled to.