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Seasoned Sacramento Injury Attorneys

How Long Do Temporary Disability Benefits Last?


If you are a worker in California, you are entitled to workers’ compensation if you are injured on the job. You are also eligible to claim temporary disability benefits if your workers’ comp claim is approved and a physician has stated that you are disabled.

Temporary disability benefits usually come during a time when employees need them the most: their recoveries. If you are recovering from a work-related injury, you may not be able to perform all or any of your job duties. Temporary disability is there to provide some compensation during this time when you might otherwise not be able to have an income.

What Are the Two Types of Temporary Disability Benefits?

In California, employees can receive two types of temporary disability benefits:

  • Temporary Partial Disability: These benefits are reserved for employees who can perform some of their job duties for a limited time during recovery.
  • Temporary Total Disability: These benefits are available to workers who are completely unable to perform their job duties during recovery.

Your weekly disability payments are calculated using the following variables: Average weekly earnings, temporary disability rate, and permanent disability percentage. For more information visit the state’s website for a handy breakdown of minimum and maximum benefits.

So, How Long Can These Benefits Last?

Temporary disability benefits can last for a maximum of 104 weeks, although you may receive them for a lesser amount of time. These weeks must occur within a five-year period after the date of the injury.

You may be eligible for up to 240 weeks of temporary disability if you have one of the following conditions:

  • Amputations
  • Chemical burns to the eyes
  • Chronic lung disease
  • Hepatitis B
  • Hepatitis C
  • High-velocity eye injury
  • HIV
  • Pulmonary fibrosis
  • Severe burns

Getting Temporary Disability Benefits Can Be Hard

Whether you need partial or total disability benefits, it can be hard to navigate the state’s bureaucracy during a difficult and painful time. By reaching out to a workers’ compensation attorney for assistance, you can have a guide and the legal support you need to help you qualify for and receive temporary disability benefits.

Learn more about what Smolich and Smolich’s attorneys can do for you by contacting us online today.