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How Long Can Workers' Compensation Last?

November 17, 2022

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.

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If you've been injured on the job, you may be entitled to workers' compensation benefits. These benefits are designed to cover medical expenses and lost wages while you recover from your injury. However, navigating the workers' comp claim process can be confusing and overwhelming. That's why it's important to know when to call a lawyer for your workers' comp claim. In this blog post, we'll discuss the situations where it may be necessary to seek legal representation for your workers' comp claim. By understanding these scenarios, you can ensure that you receive the full benefits you're entitled to under the law. Denial of Your Claim One of the main reasons to call a lawyer for your workers' comp claim is if your claim has been denied. Unfortunately, insurance companies often deny valid claims to save money. If this happens, it's important to have an experienced workers' compensation lawyer on your side who can fight for your rights. They can review the details of your case and gather evidence to support your claim, making it difficult for the insurance company to deny you the benefits you deserve. Appealing a Decision If your initial claim is denied or if you feel that you're not receiving the full amount of benefits you're entitled to, you may need to appeal the decision. This process can be complex and time-consuming, but having a lawyer on your side can make it easier. They can handle all the legal aspects of your appeal and ensure that you have the best chance of getting the benefits you deserve. Pre-Existing Conditions If you have a pre-existing condition that has been aggravated by a work-related injury, it may be necessary to call a lawyer for your workers' comp claim. Insurance companies often use pre-existing conditions as an excuse to deny or limit benefits. However, with the help of a lawyer, you can prove that your current injury is directly related to your job and receive the full benefits you're entitled to. Disputes over Medical Treatment or Benefits In some cases, you may be involved in a dispute with your employer or the insurance company over the type of medical treatment you're receiving or the amount of benefits you're entitled to. This can be a frustrating and stressful experience, but with a lawyer by your side, you can have someone who knows the law on your side. They can fight for your rights and ensure that you receive proper medical care and fair compensation. Permanent Disability If your workplace injury has resulted in permanent disability, it's important to call a lawyer for your workers' comp claim. Permanent disability benefits are often complex and difficult to calculate, especially if there are future medical expenses involved. A lawyer can help determine the full extent of your disability and ensure that you receive the appropriate benefits to cover your needs. Employer Retaliation Unfortunately, some employers may retaliate against employees who file workers' comp claims. This can come in the form of demotions, pay cuts, or even termination. If you feel like your employer is treating you unfairly because of your claim, it's important to call a lawyer. They can protect your rights and help you take legal action against any form of retaliation. Navigating a workers' comp claim can be overwhelming, especially if it involves legal disputes and complex calculations. That's why it's important to know when it's time to call a lawyer for your workers' comp claim. If you find yourself in any of the situations mentioned above, it's best to seek legal representation from a qualified workers' compensation lawyer. So, don’t hesitate to seek assistance if you feel overwhelmed or encounter any issues during your workers’ comp claim process. For more info, contact us at Spooner & Perkins, P.C.