Workers’ compensation is a helpful benefit for those who are injured on the job. The primary coverage that it offers includes paying for medical expenses and wage compensation for those who have to miss work because of their injuries. However, just how much people are paid is determined by a variety of factors, which can be complicated to figure out. A California workers’ compensation lawyer can help you understand what to expect in your case, but there are some general guidelines to understand.
2024 Workers’ Comp Disability Benefits
To understand the way that disability benefits are paid in California, you will need to understand the difference between temporary and permanent disability.
Temporary Disability
In the case of temporary disability, you are expected to make a recovery but are unable to work. In that situation, how much you will receive depends on your average weekly wages. For those whose average weekly wage is $364.29 or less, they will receive a payment of $242.86 for each week that they are unable to work. Those who make between $364.30 and $2428.72 will be paid two-thirds of their average weekly wage. Those who make more will be subject to the maximum at the $2428.72 rate.
It’s worth noting that most disability payments will not be subject to taxation. This will likely mean that the take-home pay is roughly similar to regular wages for most people, even at the two-thirds rate. Temporary disability benefits could last for as many as 104 weeks.
Permanent Disability
Permanent disability can be a little more complex than temporary disability. Although very rare, if someone has a 100% permanent disability and is entirely unable to work, then they will receive that same two-thirds of their wages for the remainder of their life.
In most cases of permanent disability, it is a partial disability that will allow someone to continue to work at some level, even if it is not the same as before. In these cases, there is a minimum weekly rate of $240 and a maximum weekly rate of $435.
If your two-thirds average rate falls within that range, you will be paid that rate, and if it falls below, you will make the minimum. If your rate is above it, you will make the maximum. This is a lower amount because those with these injuries are still expected to be able to work at some level.
Disability Ratings
Permanent does not mean that these payments will continue indefinitely. You will receive a specific number of weeks based on a disability rating that will be given based on the severity and kinds of disability that you have. The number of weeks that these payments are made, based on these ratings, is calculated by multiplying a number times the disability rating. The number of payment weeks for each percentage point are:
- 4 – For disability ratings under 10
- 5 – For disability ratings of 10 to 24.75
- 6 – For disability ratings of 25 to 29.75
- 7 – For disability ratings of 30 to 49.75
- 8 – For disability ratings of 50 to 69.75
- 9 – For disability ratings of 70 to 99.95
For someone with a disability rating of 35, they will receive 245 (35×7) payments.
FAQs
Q: What Could Make a Workplace Injury Ineligible for Workers’ Comp?
A: To be eligible for workers’ compensation, an injury must happen at work and in the course of performing your work. This will generally mean that most workplace injuries are covered, though there could be some expectations.
In particular, if an injury was caused on purpose or was the result of the influence of drugs or alcohol, it could be ineligible. Additionally, if the injury was a product of an action other than performing your work, such as horseplay, roughhousing, or fighting, it would not be covered by workers’ compensation.
Q: What Happens If My Workers’ Comp Is Denied?
A: If your workers’ compensation claim is denied, it doesn’t mean that you will never receive benefits. There is a process for appeals available that you could use to get the compensation that you need. However, to ensure that you take full advantage of these opportunities and have a strong case presented on your behalf, it can be a good idea to work with a workers’ compensation attorney.
Q: Besides Wage Replacement, What Else Could Workers’ Compensation Cover?
A: Wage replacement is one of the major components of workers’ compensation insurance. The other major component is covering medical expenses. This means that any medication, doctor’s visits, testing, surgeries, physical therapy and rehabilitation, or any other medical costs should be covered by workers’ compensation. If the injuries are severe enough to require a change of careers, workers’ comp may also cover vocational rehabilitation, which could assist with training.
Q: Does My Employer Have a Workers’ Compensation Insurance Policy?
A: In almost every case, with very limited exceptions, a California employer is required to have a workers’ compensation policy. This is true regardless of the size of the entity or whether it is private or government. An experienced workers’ comp attorney can help you determine if your employer is required to have workers’ compensation insurance.
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