Does Workers’ Compensation Pay Full Salary?
Getting hurt on the job doesn’t just affect your body. It affects your income, your family, and your peace of mind. And one of the first things people ask is this: Will workers’ compensation pay my full salary while I’m out?
The short answer is no.
Workers’ comp helps, but it usually doesn’t cover your entire paycheck. That can come as a shock, especially if you’re the main provider for your family. When your income drops suddenly, bills don’t stop. Rent is still due.
So what does workers’ comp actually cover? And what can you do if the benefits aren’t enough?
Let’s walk through it all.
What Workers’ Compensation Actually Covers
In California, most employers are required by law to carry workers’ compensation insurance. If you get hurt or sick because of your job, that insurance is supposed to help you recover, physically and financially.
Workers’ compensation typically includes:
- Medical care for your work-related injury or illness
- Temporary disability payments while you can’t work
- Permanent disability benefits if you have lasting effects
- Supplemental job retraining if you can’t return to your old job
- Death benefits for surviving family members if the worst happens
This system exists to give injured workers a safety net, even if no one is technically at fault. You don’t have to prove that your employer did anything wrong. But the system also comes with limits.
And the biggest limit is this: you won’t receive 100 percent of your usual income.
How Much Will You Actually Get?
If your injury keeps you from working, workers’ compensation may provide temporary disability benefits. These are weekly payments meant to replace a portion of your lost wages.
In California, the standard benefit is:
- Two-thirds (66.67%) of your average weekly wages before taxes
- Subject to state-set minimum and maximum amounts
For example, if you were earning $900 per week, you might receive about $600 per week in workers’ comp benefits. The exact number depends on your earnings and the limits set by the state.
You can check the current rates at the California Department of Industrial Relations.
These payments are not taxed, which helps, but they still fall short of your full salary. And that can make things right.
Do These Payments Cover Overtime or Side Income?
Maybe you regularly worked overtime. Or maybe you had a second job to help cover the cost of living. Will that extra income be included?
It depends.
If your employer knew about your other job before your injury, then both jobs might be considered when calculating your wage replacement. But if they didn’t know, the insurance company may only look at the wages from the job where you were hurt.
That’s why it’s important to be upfront about all your sources of income from the start. It can make a difference in how much you’re paid while you’re off work.
How Long Will Payments Last?
Temporary disability payments are available as long as your doctor says you can’t return to work, up to certain limits.
- Most workers can receive up to 104 weeks of payments
- These benefits can be spread out over a five-year period from the date of your injury
- For serious injuries, like severe burns or chronic lung damage, you may qualify for up to 240 weeks of benefits
Once your condition stabilizes, your doctor will say you’ve reached maximum medical improvement, or MMI. That means you’re not expected to get significantly better, even with more treatment. When that happens, temporary disability ends, and you may move into the permanent disability phase if you’re still limited in what you can do.
What If You Can Work, But Not in Your Old Job?
Sometimes an injury doesn’t fully knock you out of the workforce, but it changes what you can physically do. If your doctor clears you for light duty, and your employer can offer a modified job that fits those restrictions, your disability payments may stop or be reduced.
But if the new job pays less than your old one, you may still receive partial benefits to make up for some of the lost income.
If your employer can’t provide a job within your restrictions, you may be eligible for supplemental job displacement benefits to help you train for something new. That includes access to a voucher and potentially additional state benefits through California’s Return-to-Work Supplement Program.
What About Permanent Disability Benefits?
If your injury leaves you with long-term effects, you may qualify for permanent disability (PD) payments. These are typically smaller than temporary disability payments and are based on a rating system.
Your PD rating is calculated using:
- The medical evaluation of your injury
- Your age and occupation
- How much the injury affects your ability to earn a living
California uses a complex formula to assign a percentage to your disability. That number, along with your pre-injury wages, determines how much you’ll receive and for how long. You can review the full schedule here: Permanent Disability Rating Schedule.
Again, these payments won’t match your full paycheck. But they can provide ongoing help if you can’t fully return to work.
Can You Sue to Get More Money?
Most of the time, workers’ compensation is your only option for recovering benefits from your employer. You can’t sue them for additional damages, even if your benefits are lower than your usual pay.
That said, you may be able to file a personal injury claim if your injury was caused by a third party, like a contractor, equipment manufacturer, or driver.
These cases can sometimes lead to larger settlements, including full wage replacement and pain and suffering. A qualified attorney can help you explore this if it applies to your situation.
Do You Need a Lawyer?
You don’t need a lawyer to file a claim. But if your benefits are denied, delayed, or seem too low, having someone in your corner can make a big difference.
At Fontes Law Group, we’ve helped many injured workers across Southern California get the benefits they deserve.
We help clients:
- Accurately calculate lost wages
- Include side jobs and overtime where allowed
- Dispute denied claims
- Maximize their disability ratings
- Explore third-party lawsuits if applicable
We speak both English and Spanish, and our offices in Santa Ana and Riverside are here to serve our local communities with care, compassion, and legal skill.
What If You’re Undocumented?
In California, your immigration status does not affect your right to workers’ compensation.
Whether you have papers or not, you are entitled to:
- Medical care for job-related injuries
- Wage replacement (temporary or permanent)
- Legal support through the claims process
Don’t let fear stop you from getting the help you need. The law is clear. If you were hurt at work, you have the right to support.
Quick Questions and Real Answers
How soon do I need to file a claim?
You must report your injury to your employer within 30 days to protect your right to benefits. Then you’ll fill out a form called DWC-1 to start the claim. You can download the form here.
What if my claim is denied?
You can appeal. Sometimes claims are denied because of missing paperwork or disputes over whether the injury was work-related. A lawyer can help you gather evidence and represent you during the appeals process.
Can I still get benefits if I caused the accident?
Yes. Workers’ comp is a no-fault system. Unless you were under the influence or intentionally trying to get hurt, you are still likely covered.
Can I get fired for filing a workers’ comp claim?
No. It’s illegal for your employer to retaliate against you for exercising your right to file a claim.
Bottom Line
Workers’ compensation helps cover lost wages after a job injury, but it does not replace your full salary. Most workers receive about two-thirds of their average pay, and that amount may be capped by state guidelines. If your injury leads to long-term disability, permanent payments are available, but they are often lower.
At Fontes Law Group, we understand that even a small drop in income can create a big strain on your life. That’s why we work closely with injured workers to protect their rights, push for full compensation, and explore every legal option available. Our bilingual team proudly serves clients in Santa Ana, Riverside, and throughout Southern California.
Need help with your claim? Contact Fontes Law Group today for a consultation. We’re here to support you every step of the way.