How Long Can I Stay on Workers’ Compensation Benefits?

Our Philadelphia Work Injury Lawyers at Freedman & Lorry, P.C. Advocate for Workers Collecting Benefits

Most employers must carry workers’ compensation. Should a worker get injured, they would receive workers’ compensation benefits through medical coverage and wage-loss payments. Employees would receive workers’ compensation benefits for as long as they recover. However, all workplace injuries are unique, and everyone recovers differently, so not every case is straightforward. Generally, the timeline to stay on medical benefits largely depends on the severity of the injury and how long you need treatment for the work-related injury. Medical coverage includes: 

  • Diagnoses and other services by physicians and health care providers, including chiropractors.
  • Surgery and other treatments, including rehabilitation.
  • Prescription medications and supplies.
  • Orthopedic equipment and supplies, such as wheelchairs, canes, etc. 

The timeline for receiving wage-loss payments depends on the level of disability you are classified in:

  • Temporary total disability: The most common workers’ compensation designation allows you an unlimited period for wage-loss benefits if you have not fully recovered.  These benefits will end if you are found to be able to return to work in some capacity.  You will receive this classification if it is believed your injury is temporary and you are expected to recover fully. 
  • Permanent partial disability: For those injured but still able to work, the worker can receive partial benefits at 66 percent between earned and pre-injury wages.  This is possible for up to 500 weeks or more.

It is important to note that permanent partial disability is for those who are found to be 49 percent or less disabled.  It is also assumed that the injury or illness cannot be recovered fully within 90 days, and the injured cannot resume their previous work duties.  Previously, before 2017, injured workers were subjected to an IRE every 104 weeks, but that is now found to be unconstitutional. 

A worker who has suffered a disfigurement may receive “specific loss” benefits should their injury qualify as permanent or severe.  This could also apply to scarring injuries.

Injured workers should be aware that employers and insurance companies work to resolve every workers’ compensation claim as quickly as possible.  This means they could deny your claim for certain administrative mistakes, such as errors or misinformation in your claim, your injury while you were engaged in non-work or illegal activity, and so forth. 

They can also deny your claim if you do not report your injury within the required time.  An employee’s injury must be reported within 21 days of the injury.

Our Philadelphia Work Injury Lawyers at Freedman & Lorry, P.C. Advocate for Workers Collecting Benefits

Our Philadelphia work injury lawyers at Freedman & Lorry, P.C. are here to help and protect your rights. Call 888-999-1962 or fill out our online form for a free consultation. Located in Philadelphia and Cherry Hill, New Jersey, we proudly serve clients in Pennsylvania, New Jersey, and North Carolina.