How Long Can I Be on Federal Workers' Comp?

If you get injured at work, workers' compensation can help cover your expenses. But how long can you keep receiving workers' comp benefits?

How is Workers' Comp Duration Determined?

The duration of workers' comp benefits varies by state. Some states specify a minimum and maximum number of weeks for which you can receive benefits.

Florida's Federal workers' compensation can last up to 104 weeks, or until they return to the previous job.

In states with a range for workers' comp duration, the length of time you can receive benefits depends on the severity of your disability. For example, in New York, if you lose more than 95% of your earning capacity, you’re eligible for up to 525 weeks of benefits. Conversely, if your earning capacity loss is less than 15%, you qualify for 225 weeks. Eligibility increments usually vary by 5% in earning capacity and 25 weeks of benefits.

How Does Maximum Medical Improvement Affect Duration?

Not all workers require long-term workers' comp. Some may only need a few days or weeks off to recover, during which they receive benefits for medical expenses and lost wages.

For those with more serious injuries, a doctor will determine when you’ve reached Maximum Medical Improvement (MMI). MMI is the point at which your condition is unlikely to improve with further treatment. Once MMI is reached, you may qualify for disability or vocational rehabilitation benefits, depending on your situation.

Workers' Comp vs. Disability Benefits

Understanding the difference between workers' comp and disability benefits can be confusing. Here’s a breakdown:

Short-Term vs. Long-Term Disability: Short-term injuries might be covered by your employer’s disability insurance, which can simplify the process compared to workers' comp. Workers' comp is typically for longer-term injuries. Once workers' comp benefits end and you’re at MMI, you can apply for state or federal disability benefits, which might provide ongoing support.

Long-Term Disability vs. Workers' Comp:

• Providers: Long-term disability benefits are usually provided by the government, while workers' comp is paid by your employer’s insurance.

• Duration: Workers' comp benefits are time-limited, whereas disability benefits can last a lifetime.

• Injury Scope: Workers' comp covers work-related injuries, whereas disability benefits can cover any condition affecting your ability to work.

What Determines the Length of Long-Term Disability?

Long-term disability benefits can last for years or even for your lifetime. The factors affecting the duration and amount of benefits include:

• Disability Rating: Your doctor assesses how much your condition affects your ability to perform daily tasks. The rating, based on the AMA Guides, influences your benefit amount.

• Date of Injury (DOI): This date helps determine the length of your benefits. For example, if you’re entitled to five years of benefits, the DOI will mark the start of that period.

• Pre-Injury Income: Benefits are designed to replace lost or reduced wages, but caps may apply. For instance, many workers face a cap of $290 per week.

What If My Doctor Says I Can Return to Work But I Don’t Feel Ready?

Typically, workers' comp benefits are granted for a specific duration. If your doctor clears you to return to work before this period ends, you may face consequences if you don't comply.

Sometimes, a federal injury doctor may advise returning to work early, believing it will aid your recovery, or they might not fully grasp the demands of your job. If you feel you're not ready to return, discuss your concerns with your doctor. If necessary, you might need to appeal the decision in court, potentially with legal representation.

The duration of workers' comp benefits depends on your location and the severity of your injury. While some workers receive benefits for just a few weeks, others may be eligible for much longer, or even for life.

Understanding these factors can help you anticipate the duration of your benefits and plan accordingly.