Accidents happen. Workers’ compensation is available to help with workers ‘ medical expenses when they occur at work and result in injury. If your doctor requires you to be off work, workers comp will also replace a portion of your income.
Depending on the severity of the injury, recovery could take a few days to a few weeks. But what if you’re not recovering as fast as you’d hoped? How long will workers’ compensation last? And what are your options if you don’t make a full recovery?
Initial benefits
Your employer must file a first report of injury with the Bureau of Workers’ Compensation after you have missed a day or shift at work. Your wage loss benefits begin after you have been off work for seven days. The two types of payments are:
1 Total disability for workers who cannot work for a period of time
2. Partial disability for workers who can work with limitations, resulting in reduced wages
The maximum amount of time someone can claim total disability is 104 weeks (two years). Your employer or workers’ compensation insurer can request a medical exam at that time. If you are less than 35% impaired, your status can change to partial disability. Under partial disability, you can receive payments for 500 weeks (approximately 9.5 years).
If you cannot return to work in any capacity and your injury prevents you from any gainful employment, your workers’ compensation benefits could last indefinitely. But it’s crucial to note that your limitations must be due to the work injury alone. You will also need to undergo periodic medical evaluations to determine your level of disability. If, at any time, they show you can return to work, even in a modified role, your total disability payments will end.
Benefits can also be challenged if surveillance suggests you are misrepresenting your injury or abilities.
If there is any dispute regarding your ability to work or you’re having problems receiving your benefits, you will want someone to help with your claim and advocate on your behalf.