Any person who sustains a workplace injury should be able to receive compensation for all of their medical bills related to the incident, as well as a portion of their lost wages for a specified amount of time. However, individuals will not receive workers’ compensation benefits permanently. There are cut-offs related to these benefits.
Workers’ Compensation Benefits Don’t Last Forever
In general, workers’ compensation benefits can be supplied for a maximum of two years, but this does not necessarily mean that the two years have to be all at once. State law caps benefits at 104 weeks, which is 2 years, but these 104 weeks can be spread out over a five-year timeframe if the individual does not need to use all 104 weeks in a row.
For particularly severe work-related injuries, such as lung diseases, significant burns, cancers, and other types of chronic illnesses, there are situations where individuals can receive up to 240 weeks of benefits, which equates to a little more than 4 1/2 years.
What About Long-Term Disability Pay or Permanent Injuries?
There are some situations where workers could qualify for long-term disability (LTD) benefits if they sustain a permanent injury on the job. LTD Policies could extend throughout a person’s entire life and provide a portion of their wages and medical expenses every month. However, the law in California does not require employers to provide long-term disability policies. They only have to provide the typical short-term disability policies that last approximately two years.
In general, if a person sustains a permanent workplace injury, they will likely have to work to recover Social Security Disability Insurance (SSD).
Covering Lost Income
A workers’ compensation insurance policy will provide a certain amount of lost wage replacement in the event a person cannot work due to their injury. This amount typically equates to 66 2/3% of a person’s typical wages before taxes. However, there are specific caps in place on how much a person can receive each week. These numbers are subject to change, as the California Division of Workers’ Compensation can adjust the figures each year.
Any compensation you receive through the workers’ compensation insurance program is not taxable, but benefits you receive through SSD will be taxed.
Working With an Attorney
If you or somebody you love has sustained an injury on the job, you deserve compensation. This includes coverage of all medical expenses related to the injury, any physical therapy or rehabilitation necessary, and assistance with your wages if you are unable to work while you recover. Unfortunately, there are times when insurance carriers or employers can put up resistance to paying out your rightful benefits. If this happens, please seek assistance from a skilled California workplace injury lawyer as soon as possible. An attorney can work to investigate the cause of the injury and will ensure that you are evaluated by a trusted medical professional.
Your workers’ compensation lawyer in San Bernadino will assist with any of the appeals processes and will appear in any hearings needed to ensure that you recover the compensation you need.