Benefits Due, FAQ

How long does Workers Compensation continue to pay me?

It depends. There are two monetary benefits: Temporary Disability and Permanent Disability.

Temporary Disability is a disability benefit paid while you are off work, healing from the effects of an injury or surgery. It is usually the first benefit you receive. Many people call this benefit “workers’ comp”. You must be certified as disabled by a doctor to get temporary disability payments. Temporary disability is not usually paid for more than two years.1 Two years can go very quickly if you suffer a severe injury requiring extensive medical treatment and multiple surgeries. Temporary Disability benefits continue until: you return to work, your two years expires or your condition becomes, “permanent and stationary”.

State Disability. I recommend that workers file for State Disability benefits from the Employment Development Department as soon as possible after an injury, even if they are receiving Temporary Disability benefits in the workers compensation claim. There are time limits to apply for State Disability. If you wait until your temporary disability runs out, it might be too late. If your temporary disability runs out, and you applied for and qualified for State Disability, you may be entitled to another full year of disability benefits.

Social Security Disability. For serious ongoing injuries/disabilities, you should also apply to the Federal Government for Social Security Disability Benefits.