What Happens After 104 Weeks of Workers' Comp?
Quick answer: Temporary disability checks don't last forever. California caps them at 104 weeks within five years of the injury, or 240 weeks for certain severe injuries. Florida caps temporary total and partial disability at 104 weeks combined. Texas handles it differently: temporary income benefits end at maximum medical improvement, and all income benefits end 401 weeks after the injury. After temporary benefits end, the next step is usually a permanent impairment rating.
California: 104 weeks within 5 years
For injuries on or after January 1, 2008, Labor Code §4656(c)(2) limits temporary disability for one injury to 104 compensable weeks within five years of the date of injury. The five years run from the injury, not from the first check, and the 104 weeks count only weeks you were actually paid.
Some injuries get up to 240 weeks within five years (§4656(c)(3)):
- Amputations
- Severe burns
- High-velocity eye injuries and chemical burns to the eyes
- HIV, and acute or chronic hepatitis B or C
- Pulmonary fibrosis and chronic lung disease
Florida: 104 weeks, total and partial combined
Temporary total disability stops at 104 weeks or at maximum medical improvement, whichever comes first (Fla. Stat. §440.15(2)(a)). The 104 weeks are shared with temporary partial disability, so weeks on light duty count toward the same limit (§440.15(4)(e)). When the limit is reached, your permanent impairment is determined.
For the most serious injuries, the loss of an arm, leg, hand, or foot, paralysis, or loss of sight in both eyes, Florida pays temporary total disability at 80% of your average weekly wage instead of 66⅔%, for up to six months from the accident (§440.15(2)(b)).
Texas: MMI, impairment benefits, and 401 weeks
In Texas, temporary income benefits continue while you're disabled and haven't reached maximum medical improvement (MMI). By law, MMI can't come later than 104 weeks after you became eligible for those benefits. Then:
- Impairment income benefits start the day after MMI and last three weeks for each percentage point of your impairment rating (Labor Code §408.121).
- Supplemental income benefits may follow if your rating is 15% or more and you're out of work or earning less than 80% of your old wage because of the injury (§408.142).
- Everything ends at 401 weeks after the injury date (§408.083).
Use our Texas impairment benefits calculator to estimate the weeks and dollars.
What people run into
These questions come up again and again in online forums. Here's what the law says.
Not under California's statute. The limit is 104 paid weeks within five years of the injury date, and the statute doesn't add time for treatment delays. If your injury is on the 240-week list, the longer limit applies.
Cal. Labor Code §4656(c)
Temporary benefits end, but your claim doesn't. Medical treatment for the injury and permanent disability or impairment benefits are separate. Ask your claims adjuster when your impairment will be rated. Many people in this position also look into Social Security disability, which has its own rules.
Cal. Labor Code §4656; Fla. Stat. §440.15(2)(a)
Reaching MMI ends temporary benefits, but in Texas it starts impairment income benefits the next day, and in Florida it triggers the impairment rating. It's a change of benefit type, not the end of the claim.
Tex. Labor Code §408.121; Fla. Stat. §440.15
Sources
This guide is general information, not legal advice. How the limits apply to you depends on your injury date and your claim.