Worker's Comp: How Long And How Much?

Posted on: 12 November 2018

There are usually two main questions/issues that need to be resolved when you are seeking worker's compensation. They are, "How long will I need to be on worker's comp?" and "How much worker's comp should I be getting?" When you consult with a worker's comp attorney, he or she will tell you, based on your individual circumstances, what and how much compensation you are entitled to. The following will try to answer your questions in a way that provides you with a little insight to your problem.

How Long?

​The seriousness of your work injury is what dictates the length at which you will need to be on worker's comp benefits. For example, if you are having trouble bending, squatting, and sitting because of your work-related injuries, you may need six months of physical therapy until you are able to return to work. Your lawyer will insist that you get all of your medical bills, therapy bills, and daily living expenses for those six months paid for by your company's worker's comp insurance. On the other hand, if your injuries have left you without a limb, an eye, both eyes, and/or paralyzed, you could be on worker's comp for much, much longer.

How Much?

There is no predetermined or set amount for worker's comp. It is based, in part, on your annual income prior to your injuries. The nature of the injury, the impact on your ability to work and provide for yourself and/or your family, and the costs of medical bills and long-term care are all factors that affect your compensation. When worker's comp refuses to pay, in whole or in part, for your needs as promised by the insuring company, that is when you need to get a workers comp attorney involved. The lawyer will push for greater coverage and greater compensation benefits, often up to the legal maximum amount so that the compromised amount adequately covers your needs. 

A Word on Supplemental Coverage and Its Effect on Your Lawsuit

Say that your employer has both worker's comp and supplemental insurance for times when worker's comp will not cover all of a person's expenses. If you have been declined worker's comp, but you can still access the supplemental coverage benefits, then your total sum of worker's comp for which you will sue is less the amount that the supplemental coverage manages. You cannot sue for more than what is not covered, beyond long-term coverage for severe and extreme circumstances.