How Long Does Workers’ Compensation Last?

The time you have to collect workers’ compensation benefits after suffering an on-the-job injury will depend on where your injury occurs, as every state handles these claims differently.

In North Carolina, injured workers can generally receive medical care benefits for as long as a doctor deems necessary. However, wage replacement benefits are typically capped at 500 weeks.

Workers’ compensation can be a critical lifeline for injured workers, and understanding your rights and responsibilities for securing benefits can be essential in ensuring you get the money you need to address your injury for as long as necessary.

An experienced Raleigh workers’ compensation lawyer can help you secure the money you need.

Availability of Workers’ Compensation Medical Care Benefits

After suffering a workplace injury, you will generally be eligible to receive medical benefits for as long as your doctor determines medical treatment is necessary. Once your doctor officially releases you from care, you will no longer be eligible to receive these benefits. 

The point at which your treatment ends comes when your doctor determines you have reached your maximum medical improvement (MMI).

This could mean that you are back to your pre-accident state of health or that you have simply reached a point in your healing where further medical intervention will not improve your health.

Medical care benefits you can typically recover as part of this type of workers’ compensation coverage include:

• Doctor visits
• Surgeries
• Medical devices
• Medications
• Physical therapy
• Travel to and from your various medical appointments

An experienced lawyer can help you preserve your right to future medical benefits by filing Form 18M with the North Carolina Industrial Commission, which petitions for approval of anticipated medical needs before the two-year deadline expires.

Temporary Lost Wage Replacement Benefits Coverage

In contrast to medical care benefits, wage replacements are generally governed by a strict deadline of 500 weeks for temporary disabilities. While these benefits can last for 500 weeks, they often end sooner as they are discontinued when you return to work. The money you receive while not working is called Temporary Total Disability (TTD) benefits.

However, if you can return to work but are not able to perform the duties of your previous position and instead work a lower-paying job, you will still be able to collect Temporary Partial Disability (TPD) benefits.

Generally, wage replacement benefits pay out two-thirds of your average weekly earnings, and in this situation, they pay out two-thirds of the income difference.

Under certain conditions, wage replacement benefits can extend beyond 500 weeks for temporary disabilities. In North Carolina, you must file a hearing request before the 425th week and prove your need for extended wage loss benefits. Contact a workers’ compensation lawyer for more information about that difficult process.

Permanent Disability Benefits

A permanent disability will impact you for your entire life. Because of this, benefits for a permanent injury may last a lifetime. However, several factors are taken into consideration when determining the amount of time you will receive these benefits for lost wage replacement.

Permanent Partial Disability (PPD) Benefits

When assessing your ability to collect benefits for a permanent partial disability, the main factor is your PPD rating. When you suffer a permanent injury that results in the partial loss of the ability to use a specific body part, your doctor will assign you an impairment rating, which is used to determine how long you can receive benefits.

If the PPD rating assigned by your doctor is approved by the North Carolina Industrial Commission, the rating is applied to the state’s schedule of weeks you are eligible to receive wage replacement benefits paid out at two-thirds of your average weekly wage.

An experienced workers’ comp lawyer can work with your doctor to help ensure your PPD rating is accurate and fully accounts for the damages you have sustained so you can receive benefits for the maximum amount of time available.

Permanent Total Disability (PTD) Benefits

If your doctor determines that you have a permanent total disability that will prevent you from ever returning to work, you may qualify for lifetime benefits paid out at the same rate of two-thirds of your average weekly wage.

Injuries that may qualify for PTD benefits include:

• A spinal injury that causes paralysis of the upper body, trunk, lower body, or whole body
• A traumatic brain injury that causes permanent disability
• A loss of the combination of any two of the following: eyes, arms, legs, hands, feet
• Second or third-degree burns covering a third of your body or more

An Experienced Workers’ Compensation Lawyer Can Explain How Long Workers’ Comp Lasts

At Whitley Law Firm, our workers’ compensation lawyers have a long history of helping workers injured on the job recover the benefits they need to help adjust to a permanent or temporary disability.

We will review your case and learn more about the specifics of your injury to assess your right to claim workers’ compensation and how long your benefits will last.

Contact us today by phone or through our website to set up a free consultation with a member of our legal team. We’ll explain your options and help ensure you recover the money you need and deserve so you can move forward with your life.