Workers’ compensation benefits are an essential right of all employees in the state of California. When you become injured or ill due to a work-related accident, you are entitled to seek compensation under your employer’s workers’ compensation insurance. You may find yourself wondering, how long does workers’ comp last in San Diego? If you are hoping to seek these benefits, it is important to educate yourself on all the surrounding rules and regulations.
Work injuries typically fall under the responsibility of your employer and their insurance provider. To ensure that your employer can offer you the benefits necessary after suffering a work-related injury or illness, the state of California requires them to carry this insurance. However, these insurance companies aren’t always forthcoming with what you may be owed. It is important to protect your interests with the assistance of a workers’ compensation attorney.
How Long One Can Be on Workers’ Compensation Benefits in San Diego
If you wish to pursue compensation under your employer’s workers’ compensation insurance provider, you must begin working with a medical professional who operates under the workers’ compensation system and can confirm that your injury or illness is truly related to your work. Once you have been verified by this individual, you can begin receiving certain benefits, such as compensation for any necessary medical treatment or income replacement for up to 104 weeks.
However, these 104 weeks do not need to be served consecutively and can be stretched out over several years. It is important, however, to keep in mind that there are a few exceptions. In cases where severe burns or chronic lung diseases are involved, this timeline might be extended.
The Length of Permanent Disability Benefits in California
If you have suffered a permanent disability due to a work-related injury or illness in California, you could receive permanent disability benefits for the rest of your life. However, your eligibility for receiving these benefits and how much you can receive will vary based on numerous factors. These factors can include:
- Your disability rating, or the rating of your physical impairment as assessed by your doctor. This assessment can be based on the severity of your illness or injury and how it affects your ability to perform certain daily life functions. This assessment will be used to calculate the amount of compensation you may be able to receive.
- DOI, or the date your injury took place.
- Income pre-injury, or the amount of money you were used to making before your injury or illness took place. This number will be used to calculate the amount of compensation you are entitled to receive.
What Impacts Your Workers’ Compensation Benefits?
Most often, workers’ compensation insurance benefits will cover most medical costs, lost wages, your ability to earn wages in the future, and other expenses related to your work injury or illness. Typically, the duration of your benefits can depend on the following factors:
- The kind of benefits you qualify for
- Your disability rating as given by your doctor
- The severity and nature of your injury or illness
- How long your recovery is expected to take
- Whether or not you can return to work or remain in the same line of work
Depending on the factors involved in your workers’ compensation case, you may receive permanent or temporary disability benefits. However, the reality is that many individuals do not understand the full extent of the benefits they may be entitled to. This is why it is so important to speak with a lawyer who can educate you on all your legal options following a workplace injury or illness.
FAQs
Q: What Are Certain Benefits of Workers’ Compensation in California?
A: If you are injured or ill due to a work-related accident, you may be entitled to certain benefits from your employer’s insurance. These benefits can compensate you for medical expenses such as first aid, transportation, hospitalization, surgery, treatment, rehabilitation, medication, or medical devices. It can also cover lost wages or the loss of future earning capacity.
Q: What Is the 90-Day Rule for Workers’ Comp in California?
A: In the state of California, your employer and their insurance provider have exactly 90 days to either accept or deny your claim after you have officially filed it. If they do not provide a response within this given timeline, your claim is automatically accepted, and you can begin receiving the benefits you are owed.
Q: What Are Temporary Disability Benefits in California?
A: Temporary disability benefits in California are benefits that one is given under workers’ compensation insurance that last until the individual can fully recover and return to work. These can include temporary total disability, meaning you cannot perform any of your former work duties, or temporary partial disability, meaning you are allowed to return to work for only a certain amount of hours.
Q: Can I Be Terminated While on Workers’ Compensation in California?
A: In California, employers still maintain the right to terminate someone’s employment for valid reasons, even if that individual is currently on workers’ compensation insurance benefits. However, your employer cannot simply terminate you because you have filed to receive these benefits. This is known as retaliation termination, and it is illegal under state law.
Speak with an Experienced Workers’ Compensation Attorney Today
If you have been injured or become ill due to a work-related accident, you may be entitled to seek benefits under your employer’s workers’ compensation insurance. These can be tricky and complex legal proceedings. An attorney well-versed in these legalities can prove essential to the outcome of your workers’ compensation claim. At Diefer Law Group, we understand that these are trying times and can do whatever possible to help.
Contact our offices today to see how we may be of service to you. With over 60 years of combined experience, we can offer you confidence in knowing that you have the right team of knowledgeable legal professionals on your side. With our legal team, you have a better chance of successfully resolving your case.
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