What is The Longest You Can Be On Workers’ Comp Benefits?
Written by Attorney Alan Aronson | October 24, 2023 | Workers' Compensation
The workers’ compensation insurance system is an essential safety net for workers who have been injured or fallen ill at work. In Florida, injured workers can receive these benefits through this insurance program:
- Medical benefits for covering all treatments associated with the work-related injury or illness
- Wage replacement benefits
- Death benefits for surviving family members of workers who died due to a work-related incident
How long claimants can be on workers’ comp benefits in Florida varies. For many workers, benefits can last until they go back to work or 104 weeks. If you’re pursuing workers’ comp benefits, you should be aware of how long you can receive them to mitigate potential financial hardship and legal issues.
Factors That Impact How Long You Can Be On Workers’ Comp Benefits in Florida
How long you can receive workers’ comp benefits will be dependent on various factors, mainly:
- The specific nature and extent of your illness or injury
- Your recovery progress
- Your adherence to recommended treatments and rehabilitation strategies
But in some cases, insurers will question an injured worker’s duration or necessity of treatment to reduce the benefits they must pay. This can significantly affect the amount and duration of your workers’ comp benefits.
How Long Can I Receive Workers’ Compensation Benefits in Florida?
Once you’ve reached maximum medical improvement or MMI, you’ll need to cover a $10 co-pay for every doctor’s appointment. You’ve reached MMI when your illness or injury has stabilized, and further improvement isn’t likely, even if you receive more treatment. If you can’t work or your income is lower due to your illness or injury, you may be given wage replacement benefits. The wage replacement benefits you can receive will depend on your level of impairment. These benefits include:
- Temporary Partial Benefits – You may receive these benefits when your doctor has authorized you to go back to work, but with specific restrictions, your earnings are lower than 80% of your earnings before getting injured or ill, and you haven’t reached MMI.
- Temporary Total Benefits – You may receive these benefits if you haven’t reached MMI and your condition temporarily prevents you from going back to work. Take note that the maximum duration of temporary benefits is until you’ve reached MMI or 104 weeks, whichever comes first.
- Permanent Impairment Benefits – You may receive these benefits when your condition results in any functional, physical, or psychological loss and your impairment persists after reaching MMI. An authorized doctor will assign a rating for your permanent impairment.
- Permanent Total Benefits – You may receive these benefits if your condition leads to a total and permanent disability. If you qualify for these benefits, you will receive them until you’re 75 or until you can go back to work.
Seek Legal Advice From a Skilled West Palm Beach Workers’ Compensation Lawyer
At Rosenthal, Levy, Simon & Sosa, our seasoned West Palm Beach workers’ compensation lawyers understand the nuances and complexities of workers’ comp claims. We are dedicated to helping injured workers and their families secure the benefits that are rightfully theirs. Complete our email form or call 561-478-2500 to schedule your free consultation with our West Palm Beach workers’ comp lawyer.