Can I Get Permanent Benefits From a CA Workers’ Compensation Case?

 Posted on June 06, 2025 in Workers' Compensation

Workers’ compensation benefits help injured employees get the financial support they need after a work-related injury without the need to prove fault. For some, these benefits are temporary – enough to keep you on your feet until you are healed and released to return to work. However, if you suffer severe injuries that profoundly impact your ability to work again, a Santa Clara County workers’ compensation attorney will guide you through the complex application process for permanent disability benefits.

What Are Permanent Workers’ Compensation Benefits?

Permanent disability (PD) benefits offer long-term, sometimes lifetime, benefits through California’s workers’ compensation insurance program to accommodate individuals who suffer life-altering injuries in a workplace accident. These injuries often include injuries like paralysis, amputated limbs, and other serious, permanent changes that result in loss of earning capacity. If your injuries hinder you from performing the job that you did before or from working at all, PD benefits are designed to pay you for your lost earnings.

Types of Permanent Disability Benefits in California

In California, there are two types of permanent disability benefits: permanent total disability (PTD) and permanent partial disability (PPD). PTD benefits are for employees who can never return to work, allowing them to receive weekly payments for the rest of their lives. PPD benefits are for employees who are not completely disabled by their injuries and will eventually return to the workforce. 

How Much Can You Receive for Permanent Disability Benefits in California?

PTD weekly payments amount to two-thirds of your pre-injury weekly pay rate, and you will receive them every week for the remainder of your life. Similarly, PPD payments are also calculated as two-thirds of your previous weekly pay, but you do not receive them forever. Instead, PPD payments occur for a pre-determined number of weeks governed by California Labor Code 4658 and based on a permanent disability rating, which is a percentage that represents your ability to work. One hundred percent would indicate total disability, and lower percentages would represent partial disability. A higher percentage typically results in longer-term benefits.

Can You Get Help While Waiting for Permanent Disability Benefits in California?

Filing for permanent disability benefits and waiting for doctors and the workers’ compensation system in California to calculate a disability rating takes time. Most of the time, you will receive temporary disability benefits before you receive PTD or PPD. If temporary benefits conclude before the insurer finalizes your permanent disability payments, you should still begin receiving PDD payments shortly after. If a PTD or PPD payment is late, the insurer will have to pay you an additional 10 percent as a penalty.

Schedule a Free Consultation With a Morgan Hill, CA Workers’ Compensation Attorney

If you suffered an injury in the workplace that affects your ability to earn a living for yourself, contact a Santa Clara County, CA workers’ compensation lawyer today. At Cramer + Martinez, we have more than two decades of combined experience in practicing workers’ compensation law. We understand how vital workers’ comp benefits are to injured workers and your families, and we will fight to protect your right to continued access. Call 408-848-1113 to schedule your free consultation with us today.