In California, workers' compensation benefits are not paid indefinitely; each benefit type has a statutory maximum duration. Temporary Disability (TD) benefits end when the employee reaches maximum medical improvement (MMI) or the 104‑week cap, whichever comes first. Permanent Disability (PD) benefits are limited by the injury's rating and the statutory maximum of 104 weeks for most cases, though some permanent impairments receive lifetime payments. Medical treatment continues as long as it is deemed necessary by the treating physician and approved by the employer's insurer, with no fixed time limit but subject to periodic review.
More from this site
Keep reading the latest coverage
Temporary Disability (TD) Benefits
TD benefits replace a portion of lost wages while the employee is unable to work. California law caps these payments at 104 weeks (two years) from the injury date, unless the employee reaches MMI earlier. The weekly rate is calculated at two‑thirds of the employee's average weekly earnings, up to a state‑set maximum.
Permanent Disability (PD) Benefits
PD benefits compensate for lasting impairments after MMI. The payment amount is based on a disability rating (0‑100%) assigned by the Workers' Compensation Appeals Board (WCAB). Most PD awards are also limited to 104 weeks, but certain injuries—such as loss of a limb or vision—may qualify for lifetime benefits, calculated as a percentage of the employee's wage base.
Medical Treatment Payments
Medical benefits cover necessary treatment, medication, and rehabilitation. There is no statutory end date; payments continue as long as the treating physician certifies that the care is essential for recovery. Insurers may request periodic medical reviews to confirm ongoing necessity.
Other Benefit Types
Supplemental benefits, such as vocational rehabilitation or death benefits for surviving dependents, have their own timelines. Vocational rehab typically lasts up to 12 months, while death benefits are paid as a lump sum or structured settlement according to the dependent's needs.
Key Time Limits at a Glance
| Benefit Type | Maximum Duration | Notes |
|---|---|---|
| Temporary Disability | 104 weeks (or until MMI) | Weekly rate = 2/3 average earnings, capped by state limit |
| Permanent Disability | 104 weeks for most ratings; lifetime for certain permanent losses | Based on WCAB disability rating |
| Medical Treatment | Indeterminate; subject to periodic medical review | Continues while deemed necessary |
| Vocational Rehabilitation | Up to 12 months | Goal: return to work or new occupation |
| Death Benefits | Lump‑sum or structured settlement | Paid to eligible dependents |