How Long Does Workers’ Comp Last?
The Workers’ Compensation program is designed to help and protect injured employees. Many cannot afford to miss even just one or two paychecks, and yet an injury can potentially sideline an individual for weeks, months, or even longer. When that happens, Workers’ Comp can help the employee continue to receive benefits while they recover from their injuries.
But will Workers’ Comp last forever? No. In fact, there are several different ways that Workers’ Compensation benefits could end.
One of the better ways that workers’ comp checks stop is that the employee is able to make a full recovery. Once the employee has been healed and their doctor clears them to return to their regular work duties, the benefits will come to an end. The employee should be able to return to a full work schedule and go back to receiving the same pay they had before.
It’s the happy ending the system was made for.
Unfortunately, not every case ends with the employee making a full recovery and going back to work. Sometimes, people are injured severely enough that they cannot make a full recovery. When that happens, workers’ comp benefits will continue until the employee reaches their Maximum Medical Improvement, which is the maximum level of recovery expected based on the injury.
Of course, one of the more obvious situations where payments end would be if the workers’ comp claim has been denied. And yes, even if an employee has been receiving checks there’s still a chance that the insurance company will deny their claim.
And on top of all of that, the state of Florida has a time limit on how long one can receive temporary workers’ comp payments. That timeframe is 260 weeks, or 5 years.
If an employee has been permanently injured, there will be several factors that go into how long their benefits will last, and how much they will receive. Terms like Permanent Impairment Rating, Impairment Income Benefits, Compensation Rate, all play a factor in determining how much the benefits will be worth. And if the employee suffered a Permanent Total Disability, their benefits will be equal to 66 ⅔% of their Average Weekly Wage and last until they reach the age of 75.
We know that Workers’ Compensation can be a confusing topic, especially if you or a loved one are dealing with the stress of being injured and not being able to work. Insurance companies might offer you a lump sum settlement, and you might be tempted to accept the money to put everything behind you. We strongly suggest that you never accept a lump sum payment without first consulting with a qualified and experienced workers’ compensation attorney. Give us a call today at the Law Office of Brian D. Tadros, P.A., and schedule a free consultation to see how we can help you!