California Workers' Compensation Guide
Workers' Comp Benefits in California: What's Covered and How Much It Pays
Thousands of workers' compensation claims are opened in California every year. California laws and the workers' comp system exist to help injured workers seek treatment, resources, and compensation for their injuries. It is important for people to understand what benefits are available, and that our workers' compensation attorneys are able to help navigate this complex system.
California workers' compensation provides five main types of benefits, each covering a different loss a work injury can cause. It's a no-fault system: you generally qualify whether or not anyone was to blame for the injury. Here's what each benefit covers.
California workers' comp benefits at a glance
| Benefit | What it covers |
|---|---|
| Medical care | Treatment reasonably required to cure or relieve the injury |
| Temporary disability (TD) | Wage replacement while you can't work during recovery |
| Permanent disability (PD) | Lasting impairment after you've recovered as much as you're expected to |
| Supplemental Job Displacement Benefit (SJDB) | Retraining if you can't return to your job |
| Death benefits | Support for dependents and burial expenses after a fatal work injury |
This is general information about California workers' compensation benefits, not legal advice. Every claim is different. Call (626) 899-9051 for a free consultation.
1. Medical care
Workers' comp covers all medical treatment reasonably required to cure or relieve the effects of your work injury, at no cost to you: doctor visits, hospital care, surgery, physical therapy, prescriptions, medical equipment, and related travel.
Before your claim is accepted: once you file the claim form, the insurer generally must authorize up to $10,000 in treatment while it investigates.
Where you're treated: usually within your employer's Medical Provider Network (MPN), although other providers may be available depending on the situation.
Disputes over treatment: if the insurer denies a treatment your doctor requests, you can challenge it through independent medical review (IMR).
How long it lasts: sometimes, medical care for an accepted injury can continue for as long as it's reasonably required, including for life. See how settlements affect future medical care →
2. Temporary disability (TD)
If your injury is preventing you from working while you recover, temporary disability can replace part of your lost wages.
How much: Generally speaking, workers' compensation benefits allow for two-thirds of your average weekly wage before the injury; however, limits are set by the California Labor Code. The minimum and maximum amounts change depending on the year of your injury.
When it's paid: Generally, the first payment is due within 14 days after the employer or claims administrator learns of the injury and disability, then every two weeks.
How long: Generally, up to 104 weeks within five years of the injury, with longer limits (up to 240 weeks) for certain serious conditions.
3. Permanent disability (PD)
Permanent disability benefits apply when a work injury leaves a lasting impairment, one that isn't expected to improve with further treatment. A disability is considered permanent once a doctor finds you've reached maximum medical improvement (MMI), also called "permanent and stationary." A disability rating is then assigned.
How the rating is built and paid: a physician rates your impairment using the AMA Guides, and that rating is adjusted under California's Permanent Disability Rating Schedule for factors such as your occupation and age. The final rating determines how many weeks of permanent disability payments you receive.
The rating is often the most disputed number in a claim.
4. Supplemental Job Displacement Benefit (SJDB)
If you have a permanent disability and your employer doesn't offer regular, modified, or alternative work that fits your restrictions, you may receive a supplemental job displacement voucher toward retraining or skill enhancement.
5. Death benefits
If a work injury or illness is fatal, California provides death benefits to the worker's dependents and helps with burial expenses. The amount depends on the number of dependents and whether they were fully or partially dependent on the worker's earnings.
What workers' comp does not cover
Knowing the limits helps you understand your options:
Pain and suffering. California workers' comp does not pay for pain and suffering. It pays defined benefits.
Your full paycheck. Temporary disability replaces about two-thirds of your wages, within the state limits.
Punitive damages against your employer. Workers' comp is generally the exclusive remedy against your employer.
If someone other than your employer caused the injury, such as a negligent driver, an equipment manufacturer, or a property owner, you may have a separate third-party claim that can cover losses workers' comp doesn't, alongside your workers' comp benefits.
Frequently asked questions
How much does workers' comp pay per week in California?
Can I get workers' comp if the injury was my fault?
Not sure you're receiving every benefit, or at the right rate?
Our Pasadena workers' compensation attorneys can review your claim. Free consultation, in English or Spanish.