When you’re hurt and out of work, one question keeps coming back: how long will the checks keep coming? If you’re wondering how long you can be on workers’ comp in California, the short answer is that most injured workers can get temporary disability payments for up to 104 weeks, and up to 240 weeks for certain severe injuries. But that’s only one piece. Your medical care, permanent disability and other benefits each have their own timeline, and some can last the rest of your life.
The quick answer, benefit by benefit:
- Temporary disability (wage replacement): up to 104 weeks, paid within five years of your injury. Up to 240 weeks for severe injuries like amputations, severe burns and chronic lung disease.
- Permanent disability: a set number of weeks based on your disability rating. Ratings of 70% or higher add a life pension, and a 100% rating pays for life.
- Medical treatment: as long as you need it for your work injury, which can be for life, unless you give up future care in a settlement.
- Job retraining voucher: must be used within two years of getting it or five years from your injury, whichever is later.
- Death benefits: paid to dependents until the full amount is paid out, and for minor children, at least until the youngest turns 18.
Below, we explain how each timeline works, what can end your benefits early, and how to protect them.
How Long Can You Be on Workers’ Comp in California for Temporary Disability?
Temporary disability (TD) replaces part of your paycheck while your doctor says you can’t work, or can only work with restrictions your employer can’t accommodate. It’s the benefit most people mean when they ask how long workers’ comp lasts.
- The general limit is 104 weeks. Under California Labor Code 4656, you can get up to 104 weeks of TD payments within five years of your injury date.
- The weeks don’t have to be in a row. If you go back to work and then have surgery a year later, you can use your remaining weeks, as long as it’s within five years of the injury.
- Payments are about two-thirds of your average weekly pay. For injuries in 2026, the weekly rate is at least $264.61 and at most $1,764.11. Those limits change every January.
- Checks come every two weeks. The first payment is due within 14 days after your employer learns about the injury and that you’re off work.
- There’s a three-day waiting period. You aren’t paid for the first three days off unless you’re hospitalized overnight or you’re off work more than 14 days.
Which injuries qualify for 240 weeks?
Some injuries take longer to heal, so the law allows up to 240 weeks of TD within five years for:
- Amputations
- Severe burns
- Chemical burns to the eyes and high-velocity eye injuries
- Pulmonary fibrosis and chronic lung disease
- HIV
- Acute and chronic hepatitis B and hepatitis C
If your injury is on this list, make sure the insurance company isn’t cutting you off at 104 weeks.
What Can End Temporary Disability Early?
Most people stop getting TD before they hit the 104-week limit. Your payments can end when:
- Your doctor releases you to return to work, with or without restrictions your employer can accommodate
- You go back to work and earn your regular pay
- You reach maximum medical improvement (MMI), also called “permanent and stationary.” That means your condition has stabilized and isn’t expected to get much better with more treatment.
- You refuse a modified or light-duty job that fits your restrictions, without a good reason
- You use up your 104 weeks (or 240 weeks for qualifying injuries), or reach five years from your injury date
If your checks stop and you don’t think they should have, don’t wait. An insurer that ends TD too early or pays late can owe you penalties, and a workers’ comp appeal may be the way to get them restarted.
How Long Does Permanent Disability Last?
If your injury leaves lasting limits, you may get permanent disability (PD) once you reach MMI. How long PD lasts depends on your disability rating, a percentage based on your doctor’s findings, your age, your job and your earnings.
- PD is paid for a set number of weeks. Each percentage point of your rating is worth a certain number of weeks, and higher ratings earn more weeks per point. For example, a 10% rating works out to about 40 weeks of payments.
- Payments usually start within 14 days after TD ends and are paid every two weeks, unless you settle and take them as a lump sum.
- Ratings of 70% to 99.75% add a life pension. After your regular PD weeks are paid, you get a smaller weekly payment for the rest of your life.
- A 100% rating means permanent total disability. You’re paid at your TD rate for life.
PD ratings are one of the most disputed parts of any case, and a few percentage points can mean months of extra payments. Learn more about California workers’ comp benefits.
How Long Does Workers’ Comp Medical Care Last in California?
There’s no set time limit on medical treatment for a work injury. As long as the care is reasonable and needed for your injury, the insurer has to pay for it, even years later. How long you keep that right depends mostly on how your case ends:
- Stipulated Award: you get permanent disability payments, and your right to future medical care for the injury stays open, often for life.
- Compromise and Release (C&R): you get a lump sum, and usually give up future medical care for the injury. After that, you pay for treatment yourself or through your health insurance.
Before you settle, think about the care you may need in 5, 10 or 20 years, like more surgery, injections or medication. Our post on workers’ comp settlements explains both options in more detail.
Job Displacement and Return-to-Work Benefits
If your injury causes permanent restrictions and your employer doesn’t offer you a job you can do within 60 days after your PD rating is final, you may get a $6,000 supplemental job displacement voucher for retraining or new skills. You have to use it within two years of receiving it or five years from your injury, whichever is later.
You may also qualify for a one-time $5,000 Return-to-Work Supplement. You generally have to apply within one year after getting your voucher.
How Long Do Workers’ Comp Death Benefits Last?
If a worker dies from a job injury or illness, dependents can get death benefits, plus up to $10,000 for burial. The total depends on how many dependents there are: $250,000 for one total dependent, $290,000 for two and $320,000 for three or more. Payments are made every two weeks until the full amount is paid. If the worker leaves minor children, payments continue at least until the youngest child turns 18, even if that’s more than the set amount.
Can You Reopen a Workers’ Comp Case if Your Injury Gets Worse?
Yes, within limits. If you have a Stipulated Award and your condition gets worse, you can ask the WCAB to reopen your case for new and further disability. You generally have to file within five years of your date of injury. After five years, you usually can’t get more disability payments, although open future medical care can continue.
This is one more reason the type of settlement matters. A C&R normally closes your case for good.
Police Officers and Firefighters Get Full Salary
Many California police officers, firefighters and other public safety employees get a different benefit. Under Labor Code 4850, they receive their full salary, tax-free, for up to one year instead of regular temporary disability. After that year, standard TD rules apply.
How Long Can You Stay on Workers’ Comp With SDI, Unemployment or SSDI?
Workers’ comp often overlaps with other programs, and the timing matters:
- State Disability Insurance (SDI): if your workers’ comp claim is delayed or denied, EDD disability may pay you in the meantime. You can’t get both for the same weeks. If workers’ comp pays later, EDD gets reimbursed from it.
- Unemployment (UI): if your doctor says you can work with restrictions but your employer has no job for you, you may qualify for unemployment. You can’t collect unemployment and TD for the same period.
- Social Security Disability (SSDI): if you expect to be unable to work for a year or more, consider applying for SSDI too. SSDI can be reduced if you also get workers’ comp, so coordinate the two.
How Long Does a Workers’ Comp Case Take in California?
Most cases take one to three years, depending on how long you need treatment and whether the insurer disputes your claim. A case usually can’t settle until you reach MMI, because that’s when your permanent disability can be rated. Cases with surgery, multiple body parts or disputed QME reports often take longer.
How to Protect Your Benefits for as Long as You Need Them
- Report your injury in writing within 30 days, and file the DWC-1 claim form your employer gives you
- Go to every medical appointment and follow your doctor’s restrictions
- Keep copies of every check, letter and medical report
- Watch your weeks. Track how many TD weeks you’ve used and when your five-year window ends.
- Don’t settle too fast. Make sure you know what future care you’ll need first.
- Get help if your checks stop or your treatment is denied. A workers’ comp attorney can push back before deadlines pass.
Not sure your injury is covered at all? Start with do I qualify for workers’ comp, or see the work injuries we handle.
Frequently Asked Questions
How long can you be on workers’ comp in California?
Most workers can get temporary disability for up to 104 weeks within five years of the injury, or up to 240 weeks for certain severe injuries. Permanent disability then pays for a set number of weeks based on your rating, and medical care can continue for as long as you need it.
What happens after 104 weeks of workers’ comp in California?
Temporary disability payments usually stop at 104 weeks. If you still have lasting limits, you move to permanent disability payments based on your rating. Your medical care continues if it’s still needed, and you may qualify for a job retraining voucher or SSDI.
Can you get workers’ comp for more than 104 weeks?
Yes. Certain severe injuries qualify for up to 240 weeks of temporary disability, including amputations, severe burns, chronic lung disease, HIV, hepatitis B and C, and some eye injuries. Permanent disability and medical benefits can also continue well beyond 104 weeks.
Does workers’ comp pay for life in California?
Sometimes. A 100% permanent total disability rating pays for life, and ratings of 70% or higher include a life pension. Medical care for your injury can also last for life if your case ends with a Stipulated Award instead of a Compromise and Release.
How long does workers’ comp medical treatment last?
There’s no fixed time limit. The insurer must pay for reasonable, necessary treatment for your work injury for as long as you need it, unless you give up future medical care in a Compromise and Release settlement.
Can the insurance company stop my workers’ comp payments?
Yes, but only for a valid reason, like a release to work, reaching maximum medical improvement or using up your 104 weeks. If your checks stop and you disagree, you can challenge it at the WCAB. A late or improper cutoff can also mean penalties owed to you.
Can I reopen my workers’ comp case if my injury gets worse?
Usually, if you act in time. With a Stipulated Award, you can generally ask to reopen your case for new and further disability within five years of your date of injury. A Compromise and Release normally closes your case for good.
Can I work part-time while on workers’ comp?
Yes, if your doctor allows it. If you go back to work with restrictions and earn less than before, you may get temporary partial disability payments to make up part of the difference. These count toward your 104 weeks.
Can I collect unemployment and workers’ comp at the same time?
Not for the same weeks. If your doctor says you can work with restrictions but your employer has no job for you, you may qualify for unemployment instead of temporary disability. EDD and the workers’ comp insurer coordinate so you aren’t paid twice.
How long do I have to file a workers’ comp claim in California?
Report your injury to your employer within 30 days. You generally have one year from the date of injury to file a claim with the Workers’ Compensation Appeals Board. Waiting can cost you benefits, so act early.
Don’t Let Your Benefits Run Out Too Soon
The rules on how long workers’ comp lasts are full of deadlines, caps and exceptions, and insurance companies count every week. A wrong rating, an early cutoff or a rushed settlement can cost you months of payments or years of medical care. You don’t have to track it all alone.
Rodich Law helps injured workers across Southern California get every week of workers’ compensation they’re owed. Your first case review is free, there’s no fee unless you recover benefits, and you’re under no pressure to sign anything.
Call (818) 888-3000 or request your free case review today.
