In California, workers injured on the job can receive workers’ compensation benefits to help cover medical expenses and lost wages. These benefits help injured workers recover, support their families and get back on their feet. However, the duration of these benefits will depend on the severity of the injury.
Standard duration of workers’ compensation benefits
Typically, workers’ compensation benefits in California are available for up to 104 weeks (or 2 years) within five years from the date of the injury. If you suffer a work-related injury, you can receive temporary disability benefits for up to two years while you recover. These benefits replace some of your lost wages and help you manage your medical expenses during your recovery.
Extension for severe injuries
For workers with severe injuries, extending these benefits beyond the standard 104 weeks is possible. In some cases, benefits can get extended up to 240 weeks (or approximately 4.6 years). This extension is available for such injuries as:
- Severe burns: Injuries that cause significant damage to the skin and underlying tissues.
- Chronic lung disease: Long-term respiratory conditions that impair lung function.
- Acute and chronic hepatitis B or C: Serious liver infections that cause long-term health issues.
This is not a complete list of potential grounds for extending workers comp.
How to extend workers’ compensation benefits
If you have a severe injury and believe you qualify for an extension of your workers’ compensation benefits, there are steps you need to follow:
- Medical documentation: Ensure that your healthcare provider documents your injury. Detailed medical records are essential to prove the severity of your condition.
- Consult your workers’ compensation attorney: A workers’ compensation attorney in California can guide you through the process. They will help you understand your rights and file all necessary paperwork correctly.
- File a petition: You or your attorney need to file a petition with the California Division of Workers’ Compensation (DWC) to request an extension of benefits. This petition should include all relevant medical documentation and evidence supporting your claim.
- Attend hearings: Be prepared to attend hearings if required. During these hearings, you may need to provide additional information or clarify details about your injury and its impact on your ability to work.
- Follow up: Stay in regular contact with your attorney and the DWC to monitor the status of your petition and ensure that you meet all deadlines.
Need to learn more?
Extending workers’ compensation benefits in California is possible for workers with severe injuries, such as those discussed above. Still, circumstances will vary, and guidance is available if you or your doctor believe the initial 104 weeks will not be enough.