Quick Answer
The duration of workers’ compensation benefits depends on the nature and severity of your injury. For temporary injuries, you may receive 66% of your average weekly wage for up to 90 days. If your injury leads to a disability rating above 50%, total disability benefits continue indefinitely; if below 50%, you transition to partial disability benefits, which are limited to an additional 500 weeks, totaling approximately 11 years of combined benefits.
Knowing how long you will be able to receive workers’ compensation benefits is important for planning your future. While you recover from your work-related injury, you could incur additional fees for medical treatment that can become burdensome.
Determining the length of time you will be able to collect benefits depends on the type of benefits you receive. Injured workers may receive benefits based on the type of injury they had on the job, either temporary or long-term.
The team of attorneys at Pond Lehocky Giordano LLP assists injured workers by handling all aspects of their workers’ compensation claims. We ease the burden of the claims process and ensure our clients fully understand their benefits and how long they will receive them so that they can focus their attention on their recovery.
What Is the Maximum Amount of Workers’ Comp You Can Claim?
The maximum amount of workers’ compensation an injured worker may claim is $1,325 per week; however, the amount you claim may be different. Workers’ compensation is calculated at two-thirds (or 66.6%) of the worker’s average weekly salary if the salary falls between $1,987.50 and $993.76. Workers whose salaries are between $993.85 and $736.11 per week will receive 75% of their average weekly salary, while workers whose salaries are $736.10 or below may receive up to 90% of their average weekly salary.
Payments for workers’ compensation take approximately 21 days from the date you report your injury, so you must report your injury to your employer as quickly as possible so that you can begin receiving payments as quickly as possible. Depending on your type of injury, whether temporary or long-term, you may receive payments for 90 days up to an indefinite amount of time.
Do You Get the Full Amount of Your Pay as Workers’ Comp?
No, you will not receive your full salary while you are receiving workers’ compensation benefits. Depending on your salary, you will receive between 66.6% to 90% of your salary as workers’ compensation. For this reason, it is incredibly important to ensure you are receiving the maximum amount of benefits you are allowed to cover your expenses.
The amount of compensation you receive and the length of time you will receive it are determined by your state’s law. If you feel you are not receiving the amount of compensation you deserve, or if your compensation ended abruptly, a workers’ compensation attorney can help.
An attorney can review your case and ensure your claim was and is being handled properly and that the amounts you received are fair. If they are not, they can fight the insurance carrier for you so you can receive the benefits you need.
How Do I Check the Status of My Workers’ Comp Claim?
An injured worker who has already filed a workers’ compensation claim, or who has had a claim filed on their behalf, may check the status of the claim online on the website of their state’s workers’ compensation bureau. The claims process may take longer than expected. If your claim is denied, you have the option to file a claim petition which will then be assigned to a judge.
How Long Does It Take to Get Your Workers’ Comp Benefits?
If you report your injury immediately and your claim is approved, you may begin receiving weekly workers’ compensation payments 21 days after your injury. For claims that result in a settlement, an offer may be made at any time during your case. Most cases are settled within six months, or as soon as a worker has achieved maximum medical improvement (MMI).
If you feel your workers’ compensation claim is taking longer than it should, hiring an attorney to help you with your claim is a good idea. An attorney can help protect you against insurance carriers who may deliberately attempt to take longer than they are allowed to pay you.
Can You Appeal an Unfavorable Workers’ Comp Decision?
Yes. If your claim is denied you may file a claim petition to have the claim reviewed by a judge.
In some cases, you may also bring a suit against your employer’s insurance carrier if it is determined they have acted in bad faith. Bad faith means the insurer did not act diligently in reviewing your claim, and/or ignored medical advice when handling your claim. It may also involve attempts to frustrate the worker and lengthen the time frame within which the claim should have been processed.
Appealing a claim is best done with the help of a qualified workers’ compensation attorney. Workers’ compensation laws are extremely complex, and having an attorney on your side can mean the difference in getting needed compensation to help you get back on your feet. Appealing a claim is possible even if you were granted compensation that was less than you expected.
Statistics on Workers’ Comp Payouts
Statistically, the most costly type of workers’ compensation claim arises from injuries to the head and central nervous system. In 2021 and 2022, these types of claims averaged $91,844 per claim. Injuries to multiple body parts, the hips, thighs, pelvis, arms, and shoulders accounted for claims that averaged between $51,000 and $71,000 in 2021 and 2022.
The most common cause of injury for workers’ compensation claims is due to motor vehicle accidents. These claims averaged over $90,000 in 2021 and 2022.
Burns, slips and falls, and “caught” accidents (where a part of a worker’s body is caught in work-related machinery or material) also had higher-than-average claim costs. These causes resulted in claims that ranged from $46,000 to $63,000 per claim in 2021 and 2022.
What Are Your Chances of Winning on Appeal?
Whether or not you will win your claim on appeal is determined by numerous factors, including the severity of your injury, the number of parties involved, and how well your case is presented. For these reasons, hiring an attorney who is experienced in workers’ compensation law is best practice. An attorney can:
- Collect evidence to build your case, like eyewitness accounts, medical expert statements and opinions, CCTV footage, and employee records.
- Communicate with your employer and their insurance carrier.
- Negotiate on your behalf for a fair settlement.
- Handle the filing of all appeal documents so that deadlines are not missed and clerical errors are avoided.
- Represent you in court, if needed.
Choosing an attorney to represent you is a decision you should not take lightly. Experience is worth more than advertising, and it is essential that the team of attorneys you choose have the background and knowledge of your type of claim to best represent you.
Speak with a Workers’ Comp Lawyer Today for Help with Your Case
To help your chances of recovering maximum compensation, you should have an expert legal team review your case. Our workers’ compensation lawyers manage lawsuits in all 50 states. We offer free consultations with our attorneys to help you better understand your legal options.
For more information, call Pond Lehocky Giordano LLP or fill out our contact form today.
