How Long Can You Stay on Workers’ Compensation?

Workers’ compensation can provide a safety net for employees who suffer work-related injuries or illnesses. With that, they can get the financial support and medical care needed while they recover.

However, one of the most pressing questions for injured workers is: “How long can I stay on workers’ compensation?” The length of benefits can vary depending on several factors.

At Work Injury Advisor, we can help answer this question regarding the amount of time that you can remain on workers’ compensation.

Workers’ Compensation Benefits

According to the U.S. Bureau of Labor Statistics, employers reported 2.8 million nonfatal workplace injuries and illnesses in 2022. Many of these workers have qualified to receive benefits. Workers’ compensation covers medical expenses, rehabilitation costs, and a portion of lost wages for employees who are injured or become ill due to their jobs.

While these benefits are meant to be temporary, in cases of severe injuries or permanent disabilities, they could be a long-term solution. The duration of workers’ compensation benefits depends on whether the injury results in a temporary or permanent disability.

If your injury prevents you from working for a limited period, you may receive temporary total disability benefits (TTD). These benefits continue until your doctor determines that you have reached maximum medical improvement (MMI). Once you have reached MMI, TTD benefits can stop.

On the other hand, if you can return to work but only in a limited capacity, you may receive temporary partial disability (TPD) benefits. These benefits can supplement your reduced earnings. Most of the time, they will last until you can resume your full work duties or reach MMI.

How long you can receive benefits will vary by state. In most cases, they last as long as your doctor believes you cannot return to your pre-injury work. However, in some states, these benefits are capped at a certain number of weeks. For example:

• California: Up to 104 weeks within five years from the date of injury.
• Florida: Up to 104 weeks or until the injured worker reaches MMI, whichever comes first.
• New York: Up to 525 weeks, depending on the severity of the injury.

However, some work-related injuries or illnesses mean that you cannot return to work. Under these circumstances, you could qualify for permanent benefits.

• If your injury results in a permanent impairment but you are still able to work in some capacity, permanent partial disability benefits may be available. In some states, these benefits are paid for a specific number of weeks based on the body part injured; in some cases, the benefits may be paid for life.
• For injuries that result in a total and permanent inability to work, you may receive permanent total disability benefits. Most of the time, these benefits are paid for life. However, some states may offer lump-sum settlements or place time limits on these benefits.

Keep in mind that workers’ compensation laws are set at the state level. Some states have caps on the number of weeks you can receive benefits, while others offer lifetime benefits in certain cases.

What Is Maximum Medical Improvement, and How Does It Impact Benefits?

The length of time you can stay on workers’ compensation is often based on maximum medical improvement (MMI) rating from the U.S. Department of Labor. This is the point at which your condition has stabilized and is unlikely to improve, even with additional medical treatment. At this stage, your doctor will evaluate your condition to determine whether you have any permanent impairments. With an evaluation, you will have a disability rating. In turn, that can influence the type and duration of benefits you receive.

In some cases, you might reach MMI and have no permanent disability. With that, your workers’ compensation benefits may end. However, with a permanent disability, you could switch from receiving temporary to permanent disability benefits.

The length of time you can stay on workers’ compensation depends on the severity of your injury and the specific laws in your state. While temporary benefits are generally limited to a certain number of weeks, permanent disability benefits may last for life in some cases. If you want to learn more about your options and how long you could get benefits from your injury, contact an experienced workers’ compensation lawyer.