The length of workers’ comp benefits in California depends on the type of benefit. Temporary disability payments can last up to 104 compensable weeks. Permanent disability payments continue based on your disability rating and can last much longer. Medical treatment has no fixed time limit as long as the care is medically necessary and approved. Each category follows its own rules under the California Labor Code, and several factors can shorten or extend your benefits.
When Does Workers’ Comp Stop Paying You?
Workers’ comp stops paying when you have either recovered enough to return to work, reached the maximum benefit period, or your claim is resolved through a settlement. Under Labor Code Section 4656, temporary disability payments are capped at 104 compensable weeks within five years of the date of injury for injuries occurring on or after January 1, 2008. For injuries between April 19, 2004, and December 31, 2007, the 104-week cap runs within two years from the commencement of temporary disability payments.
There are exceptions. Under Labor Code Section 4656(c)(3), certain severe injuries, including acute pancreatitis, severe burns, and other qualifying conditions enumerated in the statute, may qualify for up to 240 compensable weeks of temporary disability within five years from the date of injury. Once temporary disability ends, your doctor evaluates whether you have reached maximum medical improvement. If you have a lasting impairment, your case transitions to permanent disability, which has its own payment structure and timeline.
How Long Does Temporary Disability Last in California?
Temporary disability benefits replace a portion of your lost wages while you are recovering and unable to work. In California, eligible workers receive two-thirds of their average weekly wage, subject to state minimum and maximum limits. For injuries occurring in 2026, the maximum weekly temporary total disability rate is $1,764.11, though this figure adjusts annually and should be confirmed against the current California Department of Industrial Relations published rates.
The 104-week cap applies to most injuries, but the weeks do not have to be consecutive. If you return to work for a period and then go back out on disability, the clock pauses and restarts, but the five-year outer limit from the date of injury keeps running. Once either 104 weeks of payments have been made or five years have passed from the injury date, whichever comes first, temporary disability ends.
Under Labor Code Section 4650, your employer’s insurance company is required to begin temporary disability payments within 14 days of learning about your injury. Late payments trigger an automatic 10 percent penalty, which can rise to 25 percent if the delay is unreasonable. If you still have lasting limitations when temporary disability ends, your doctor will evaluate whether you qualify for permanent disability benefits.
How Long Does Permanent Disability Last?
Permanent disability benefits begin after your doctor determines you have reached maximum medical improvement and assigns a disability rating. The rating is a percentage from 0 to 100 that reflects the lasting impact of your injury on your ability to work. The higher the rating, the more you receive and the longer the payments last.
For workers with a 100 percent disability rating, weekly benefits continue for life. For partial ratings, the number of weeks of permanent disability payments is determined under Labor Code Section 4660.1 by a formula that accounts for the following:
- Your disability rating percentage
- Your age at the time of injury
- Your occupation
- Your future earning capacity
A worker with a 50 percent rating will receive significantly more weeks of payments than someone rated at 15 percent.
Disputes often arise during the permanent disability stage. Insurance companies may assign lower ratings that result in reduced benefit payments. If you disagree with the rating, you can request a Qualified Medical Evaluator to provide an independent assessment at this stage to confirm the rating accurately reflects your limitations and future earning capacity.
How Long Will Workers’ Comp Pay for Physical Therapy?
Under Labor Code Section 4604.5, California limits physical therapy to 24 visits per injury for dates of injury on or after January 1, 2004. The same 24-visit cap applies to chiropractic care and occupational therapy separately. There are two notable exceptions to this limit:
- Post-surgical physical therapy is covered under separate guidelines and does not count toward the 24-visit limit
- The claims administrator can authorize additional visits in writing if your treating physician documents that more sessions are medically necessary
Beyond the visit count, workers’ comp will continue paying for physical therapy as long as the treatment is medically necessary and approved through the utilization review process. If a treatment request is denied, you can challenge the decision through independent medical review.
What Happens If Your Workers’ Comp Benefits Are Cut Off Early?
Insurance companies sometimes cut off benefits before a worker has fully recovered. Adjusters may terminate payments based on a medical report stating you can return to work, even if you are still experiencing symptoms. If your benefits are stopped and you disagree, the following options are available:
- Request a hearing before the Workers’ Compensation Appeals Board to challenge the termination
- Request a Qualified Medical Evaluator if you dispute the medical findings that led to the cutoff
- File for state disability insurance through the Employment Development Department if temporary disability has been exhausted
Note that state disability and workers’ comp benefits cannot cover the same period. If workers’ comp benefits are later awarded retroactively, the EDD will require repayment of any overlapping benefits. Working with an attorney early can help prevent premature cutoffs by making sure your medical evidence is complete and properly supported.
Talk to Our Bakersfield Workers’ Comp Lawyer About Your Benefits
If your payments have been stopped or you are concerned about how long your benefits will last, attorney Jaime L. Smith and the team at J Smith Law, PC can help you understand your rights and pursue the full compensation your injury warrants.
Our practice focuses on workers’ compensation cases throughout Bakersfield and the Central Valley, including claims arising from agriculture, oil and gas, and construction, which are all industries in which serious injuries are common. Call (661) 716-5555 or contact us online today for a free consultation.
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J Smith Law, PC
3100 19th St STE 200, Bakersfield, CA (93301)
Author: Jaime L. Smith
