{"id":3734,"date":"2023-07-16T06:01:44","date_gmt":"2023-07-16T13:01:44","guid":{"rendered":"https:\/\/dieferlaw.com\/?p=3734"},"modified":"2025-05-13T00:30:42","modified_gmt":"2025-05-13T07:30:42","slug":"cuanto-tiempo-puede-estar-en-compensacion-a-los-trabajadores-en-california","status":"publish","type":"post","link":"https:\/\/dieferlaw.com\/es\/blog\/cuanto-tiempo-puede-estar-en-compensacion-a-los-trabajadores-en-california\/","title":{"rendered":"\u00bfCu\u00e1nto tiempo puede estar en Compensaci\u00f3n a los Trabajadores en California?"},"content":{"rendered":"\t\t
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Work injuries are the responsibility of the employer. To ensure that they are able to pay out the compensation owed for injuries, California requires employers to carry workers\u2019 compensation insurance. The insurance companies, though, aren\u2019t always forthcoming with the entire benefits that you may be owed in the case of an injury. It\u2019s always important to do everything you can to protect your interests after a work injury<\/a> and to let a lawyer examine your case before you agree to anything.<\/p>

Workers\u2019 Comp Time Limits<\/h2>

The length of time that workers\u2019 comp benefits covers will depend largely upon the severity of the injury and a doctor\u2019s assessment of how much it will impact your ability to work. The benefits may be either temporary or permanent. In most cases, the benefits will last no more than two years. In cases of more severe injuries, the benefits could last up to 240 weeks, although they need not be taken consecutively. Typically, only in cases where full recovery is not possible will permanent benefits be paid out.<\/p>

Qualifying for Workers\u2019 Comp<\/h2>

To qualify for workers\u2019 compensation<\/a>, you must be injured while at work or traveling to a job site or meeting (not commuting), and the injury must arise out of employment. Broadly, this means that the injury must occur when you are at work and doing a work-related activity. The claim may be disqualified if the injury is a product of things like intoxication on the job, horseplay, or your commute to or from work. An experienced workers\u2019 comp lawyer<\/a> can take a closer look at the specifics of your case and help you understand if you qualify for a workers\u2019 comp claim.<\/p>

FAQs<\/h2>

Q: How Long Can an Employee Be Out on Workers\u2019 Compensation in California?<\/h3>

A:<\/strong> In California, workers’ compensation benefits<\/a> are capped at 104 weeks, or two years,<\/strong> for most injuries. For severe injuries, such as chronic lung disease or severe burns, benefits may extend to 240 weeks, roughly 4.5 years.<\/strong> Permanent disability benefits, if granted, can continue for the worker’s lifetime.<\/p>

Q: What Is the 90-Day Rule for Workers\u2019 Comp in California?<\/h3>

A:<\/strong> Workers\u2019 compensation is paid out by insurance companies. The claim is submitted to the insurance company, which then makes a decision on whether to pay the claim or reject it. In California, the insurance companies have 90 days to decide to reject the claim. If they do not reject the claim within the 90-day period, then the liability will be presumed to be accepted, and the claim should be paid out as submitted. The overturning of the 90-day rule is very rare. However, it can be done with one exception regarding new evidence. That evidence must be:<\/strong><\/p>