How Long Can Workers' Compensation Last?

Workers' compensation insurance provides compensation to employees suffering from work-related illnesses or injuries. If your workers' compensation claim is successful, you will receive money for medical care, funeral costs, ongoing treatment, and partial wages. And if your workplace injury or illness leads to your death, your family can receive financial benefits.



But how long will the workers' compensation benefits last? Here's what you need to know about the duration of worker's compensation.

Claims process

Once a workplace accident has happened, you have to report it within a specific time frame. Your report will indicate the time and the date of the accident. You should also provide additional details about your injuries and where they occurred. If you win your case, you will be eligible for lost wages and medical costs compensation. 

Lost Wages Duration 

The type of disability determines the duration of the lost wages compensation. The main types of disabilities are full or partial disability, permanent disability, and temporary disability. While the law limits the duration of temporary disability benefits, there is no limitation on the time of your permanent disability benefits.

Permanent Disability

If your injuries are so severe that you can never return to work, your permanent disability benefits will continue for the rest of your life. However, you must prove that you are completely unable to do any other job. Also, if you apply for social security disability, your compensation amount may reduce. 

Temporary Partial Disability

You might miss work for a few days if your injury or illness is minor. And even if you can't resume your previous job, your employer will typically get another job for you within the same organization.

 You will hold on to the temporary position until you can resume your previous job. However, it's possible to get injuries that prevent you from resuming work for months or even years.

Worker's compensation usually pays for the difference between your weekly earnings before the accident and your earnings after the accident. The payment continues while you are still in recovery. The state may also limit how long you can continue receiving the partial wages compensation. Once the time limit expires, you will cease to receive lost wages compensation even if you have yet to recover fully. 

Medical Benefits Duration

Although lost wages typically have restrictions and limitations, medical benefits rarely expire. As long as you receive authorized medical care, your medical benefits checks will continue arriving. The eventual duration of these medical benefits is difficult to predict. 

Every person copes differently with injuries and illness over time. However, the court can terminate your medical benefits if you fail to follow the authorized treatment procedure. You should regularly check in with your physician to prolong your medical benefits. Regular checkups can boost your healing process and help you continuously get medical benefits.

When Can Payments Stop

Worker's compensation typically includes a weekly check which will continue for the predetermined period. However, you can decide to terminate the payments out of your own will. Alternatively, the judge can order that the payments come to an end. The payments will also stop when you return to your previous work after the injury. 

The payments will not just stop without any "Notice of Suspension." If the insurance company fails to send the notice before suspending workers' compensation, you can sue the company. Typically, the insurance company will cite a doctor's report showing that you have fully recovered and can return to work. You may receive this notice even if you have yet to resume your work.

Get Help

Workplace injuries or illnesses disrupt life and lead to lost income. If you want maximum compensation, work with a qualified workers' compensation lawyer, like Spooner & Perkins, P.C. We will help you gather the required evidence and present your case in court. Contact us to get started.