How Long Can I Receive Workers’ Comp?
How long you receive workers’ compensation benefits depends on the nature of your injury and the type of benefits you receive. Wage replacement benefits can last for up to 500 weeks and potentially longer. Medical benefits are not capped.. Your payments are likely to last longer if you’ve experienced a catastrophic injury that has caused a lasting or permanent disability.
This is one of the many common questions we get at Ricci Law Firm Injury Lawyers when it comes to workers’ compensation. We’ve helped employees all over the state fight to get the coverage they need and deserve, helping them recover with dignity and hope.
Below, our team takes a closer look at how long someone might receive workers’ compensation benefits as well as the potential to extend wage replacement benefits. You likely have more questions, and we’re happy to provide answers. To discuss your on-the-job accident with experienced workers’ compensation attorneys, contact our North Carolina law offices.
What Are the Different Types of Workers’ Compensation Benefits?
First, workers’ compensation covers a lot of issues that are related to on-the-job accidents. Generally speaking, there are four types of workers’ compensation designed to address people’s immediate and long-term needs after a major on-the-job injury:
- Medical Benefits – Medical benefits help cover past and future healthcare costs for people who’ve suffered a work-related injury or developed an occupational disease due to their line of work.
- Indemnity Benefits (Lost Wages) – Indemnity benefits help cover lost income when a person is unable to return to work or earn a wage. There are different kinds of wage replacement benefits available depending on the severity of the injury a person experienced: Temporary Partial Disability (TPD), Temporary Total Disability (TTD), Permanent Partial Disability (PPD), and Permanent Total Disability (PTD). These benefits typically cover two-thirds of your average weekly wage.
- Vocational Support and Rehabilitation – If an employee’s work-related injuries prevent them from returning to their old job or line of work, vocational support can help these workers train for a new job that provides comparable earnings to their previous role.
- Death Benefits – Workers’ compensation death benefits are paid to families that have lost a loved one in a work-related accident.
How Long Will I Receive Medical Benefits?
There is no cap on how long you can receive coverage for your medical care needs. Your medical treatments will be covered for as long as they are needed, including surgeries, physical rehabilitation, occupational therapy, prescriptions, and intensive procedures. This reflects the realities of life after a major injury; it can take many years before you reach maximum medical improvement (MMI).
In order to continue receiving coverage for your medical treatments after a work accident, your health visits need to be properly documented. Missing appointments or clerical errors could affect your coverage.
How Long Will I Receive Indemnity Benefits?
The duration of your wage replacement benefits will vary depending on your injury, its severity, and its long-term impact on your ability to earn a living. The maximum amount of time is 500 weeks. Let’s look at the different wage replacement benefits individually:
- How Long Temporary Partial Disability (TPD) Lasts – The maximum duration of Temporary Partial Disability is 500 weeks.
- How Long Temporary Total Disability (TTD) Lasts – The maximum duration of Temporary Total Disability is 500 weeks..
- How Long Permanent Partial Disability (PPD) Lasts – The duration of Permanent Partial Disability benefits will vary depending on your injury and the part of the body affected. For example, you may receive benefits for up to 75 weeks for the loss of your thumb, 120 weeks for the loss of an eye, and up to 240 weeks for the loss of an arm. The North Carolina Industrial Commission provides the schedule and duration for PPD benefits based on the nature of your injury.
- How Long Permanent Total Disability (PTD) Lasts – The duration of Permanent Total Disability benefits could be for the rest of your life if your injuries prevent you from earning a wage. However, the potential and reasoning for lifelong PTD benefits must first be reviewed by the North Carolina Industrial Commission.
Many concerns come up when it comes to wage replacement benefits and how long they’ll last. When you work with our NC workers’ comp attorneys, we’ll provide additional information about your wage replacement benefits, how long you can expect to receive them, and other aspects of these benefits you should know if you attempt to re-enter the workforce.
Can I Extend My Wage Replacement Benefits If My Injury Affects My Ability to Work?
Potentially yes, though this depends on your injury and your condition when you have reached maximum medical improvement.
If it has been 425 weeks since your wage replacement benefits started, the North Carolina Industrial Commission can review your eligibility for continued benefits beyond 500 weeks. How long this extension lasts will vary based on your health and how the work-related injury continues to impact your mobility and independence.
Extending your wage replacement disability benefits can be complicated, which is why it’s best to have a North Carolina workers’ compensation lawyer on your side to assist with this process.
How Long Will I Receive Benefits for Vocational Support and Rehabilitation?
This varies and depends on your injuries and how they’ve impacted your ability to be gainfully employed. For many injured workers, they continue to have vocational support covered for several months to a few years, with these services boosting wage-earning potential after a serious accident that leads to a disability.
Remember that you can live and work with a disability. It may take some time to adapt, and it can be challenging, but vocational rehabilitation and job-placement support services can help you find a new calling and achieve independence.
If you suffered a severe work injury, our North Carolina workers’ compensation attorneys can discuss potential vocational support and why it may be worth pursuing. We’ll help you weigh your options and make the decision that’s best for you and your loved ones.
How Long Will I Receive Workers’ Compensation Death Benefits?
Like wage replacement benefits, death benefits have a cap of 500 weeks. In addition, death benefits provide additional payment for funeral costs and burial expenses. While the coverage will not bring back a loved one or fully compensate for their lost wages, death benefits can help cover financial shortfalls and assist with moving forward despite the painful loss.
If you’ve lost a loved one in a work-related accident and are curious about your right to benefits and how much you can receive, our North Carolina workers’ comp lawyers are here to help.
Can Workers’ Compensation Death Benefits Be Extended?
Potentially yes. There are some situations in which a family can receive death benefits beyond 500 weeks. Some examples include:
- If the surviving spouse was disabled at the time of the deceased worker’s death and is still disabled
- If the child of a deceased worker has not yet turned 18 years old after 500 weeks
As with the extension of wage replacement benefits, it’s not always clear if you qualify for extended coverage. Ricci Law Firm Injury Lawyers can help you find out if you can seek an extension of death benefits and how to start that process.
What If I Need More Financial Help After a Serious Workplace Injury?
Workers’ compensation benefits can help after an on-the-job accident, but they may not cover the full financial impact that a serious injury has on your life. You may be eligible for other financial assistance depending on the severity and nature of your injuries.
For some workplace accidents, you might even be able to file a third-party claim to seek legal damages for the harm you suffered at work. There’s also the potential for Social Security Disability Insurance (SSDI), Supplemental Security Income (SSI), and other programs that can help given your new reality.
In short, you likely have more options available than you realize, and an experienced work injury attorney from our firm can identify these opportunities. It’s just another way that Ricci Law Firm Injury Lawyers is on top of it. To discuss your situation with our skilled team of workers’ compensation attorneys, contact our law offices in North Carolina.
Can Workers’ Comp Benefits Be Interrupted or Denied?
Yes. Your workers’ compensation claim could be denied during the application process. Similarly, your benefits could be interrupted even if you are well into receiving wage replacement benefits of coverage for medical procedures.
At Ricci Law Firm Injury Lawyers, we’ve worked with a number of North Carolina households who rely on these benefits to make ends meet after a major injury. One missed payment can make a major difference for these families.
Why Were My Workers’ Comp Payments Denied or Delayed?
There are many reasons why your workers’ compensation benefits got denied or payments suddenly stopped. A few reasons include:
- You missed appointments with your doctor
- You missed a visit with a specialist or neglected to undergo treatment
- Your doctor failed to submit documentation about treatment or visits
- The nature/legitimacy of your workplace injury has been questioned
- The insurer believes that you’ve returned to work
No matter what happened, it’s a good idea to speak with a North Carolina workers’ comp attorney to evaluate what happened and let you know what steps to take next.
Can I Appeal a Denied Workers’ Compensation Claim?
Yes, you can potentially appeal the denial of a workers’ comp claim or the sudden end of your coverage. These appeals are initially handled through the North Carolina Industrial Commission. If your appeal is successful, you can receive any missed payments or coverage and potentially seek reimbursement of out-of-pocket expenses.
Keep in mind that appealing a denied claim can take weeks, months, or even years if you have to continue making appeals from the North Carolina Industrial Commission all the way to the North Carolina Supreme Court.
Do I Really Need an Attorney to Help with Workers’ Comp Problems?
While you can go it alone with a workers’ compensation dispute, it’s much better to work with a skilled attorney familiar with the North Carolina Industrial Commission and laws related to labor accidents and civil litigation.
Our attorneys have spent many years helping workers and working families all over the Tar Heel State after a serious accident has upended their lives. If you share your story with us, we can help you understand your best options to receive workers’ comp coverage, seek additional compensation, and plan for your future with confidence and hope.
Why Choose Ricci Law Firm Injury Lawyers for Workers’ Comp Issues?
The team at Ricci Law Firm Injury Lawyers has over 150 years of combined experience in accident lawsuits and workers’ compensation claims. We will carefully review the circumstances of your workplace injury and all available evidence to assist with your case. We will also be the point of contact with the insurance company. That will take pressure off you so you can focus on recovering and planning for the future.
In assessing your workers’ compensation claim, our attorneys can also determine if you’re able to file a third-party claim against a negligent party who contributed to your on-the-job accident. This means the potential for additional compensation to address the realities of your life after a serious injury.
Every step of the way, we’ll be able to provide detailed answers to all of your questions about workers’ compensation laws and how the claims and appeals processes work. When it comes to workers’ compensation cases in North Carolina, our law firm is on top of it so our clients don’t have to be.
How Can I Get More Info About Filing for Workers’ Comp in North Carolina?
If you’re filing for workers’ compensation, trying to get an extension of benefits, or appealing a denied claim, Ricci Law Firm Injury Lawyers is ready to offer assistance. Our attorneys have helped workers throughout North Carolina receive benefits and seek compensation from other parties when needed. To request a consultation with our workers’ compensation lawyers, contact our North Carolina law firm. We have offices throughout the Tar Heel State and are ready to hear from you.