Workers’ compensation benefits help keep workers afloat after an on-the-job injury or after contracting an occupational illness. Many injured workers wonder, “How long does workers’ comp last?” The answer is complicated. Injured workers can receive a variety of benefits, including medical care and lost wage benefits. You can receive some benefits for life, while the state puts limits on other benefits.
Call our office to speak with a Spartanburg workers’ compensation lawyer about your specific accident and diagnosis. Our firm has helped countless workers qualify for benefits, and we can go over any denial of a claim.
What is Maximum Medical Improvement?
Maximum medical improvement, or MMI, is an important concept in South Carolina workers’ compensation claims, so we mention it first. This is the point at which additional medical care will not improve your condition.
For example, you might have suffered a back injury in a fall at work. You need surgery and time to recover. Once you feel better, you begin a grueling regime of physical therapy to help you regain a range of movement. After five months, your condition is as improved as it ever will be. That is when you reach MMI.
For some people, MMI will be when they return to normal. They have no more pain or bodily limitations. However, some people will always have lingering disabilities, even after reaching “maximum” improvement. So MMI is not the same as being “completely well.” Instead, you might have reached MMI but are still disabled.
Time Limits on South Carolina Workers’ Compensation Benefits
How long can you be on workers’ comp? The durational cap will depend on the type of benefits you receive:
- Medical treatment. Workers’ comp should pay for all reasonable and necessary medical care to treat an on-the-job illness or injury. There is no durational limit. So long as you have not yet reached MMI, you can continue to receive medical care. However, once your doctor says you have reached MMI, you will not get workers’ comp to cover medical bills.
- Total disability benefits. Injured workers might also request compensation for temporary total disability. Suppose you cannot work immediately after an accident. You can request wage loss benefits to cover a portion of your lost wages. South Carolina caps these total disability benefits at 500 weeks.
- Partial disability benefits. Some workers are only partially disabled. They can continue to work, but usually only part-time. South Carolina Code § 42-9-20 allows injured workers to receive compensation for partial loss of wages for a maximum of 340 weeks.
- Permanent partial disability benefits. After reaching MMI, a worker might still have some functional limitations. South Carolina law allows them to receive a certain amount of compensation based on various factors, including the body part affected and the amount of loss they have experienced. South Carolina has a schedule that provides a set number of weeks for each body part. Contact a lawyer to discuss how much you can receive.
Can A Worker Receive Lifetime Disability Benefits in South Carolina?
The caps mentioned above apply in most cases. Someone who is totally disabled can only receive 500 weeks of total disability benefits. However, there are exceptions. For example, you might be totally and permanently disabled by major injuries:
- Paraplegia: Paralysis in two limbs, usually the legs.
- Quadriplegia: Paralysis in all four limbs.
- Severe brain damage: This type of injury can affect the entire body and cognition.
- Spinal cord injury: A person can experience impaired sensation or loss of movement in parts of their body.
Suppose a worker is paralyzed from the neck down. They cannot return to any job, so they might qualify for lifetime disability benefits. The law explicitly provides for this type of exception.
If you wonder how long you can be on workers’ comp, then reach out to our legal team. We can review the benefits you have received to date and analyze your prognosis.
Will Benefits End Early?
Not every worker receives the maximum amount of workers’ compensation benefits. Instead, your benefits might end early. For example, someone who is totally disabled might not receive the full 500 weeks for various reasons:
- Your doctor releases you to return to work. Your doctor thinks you can return to work, possibly with restrictions. That would cut off total disability benefits. If you work part-time, you might receive partial disability benefits.
- You reach Maximum Medical Improvement. Your doctor can report that any additional medical treatment will not improve your condition, so even partial disability benefits will stop at that point.
- You refuse medical treatment. Workers cannot extend their benefit period by refusing treatment. Instead, workers’ comp might cut off benefits if you are not following your doctor’s treatment plan.
- You refuse to return to suitable work. Someone who can find a suitable job, even with their limitations, must start working. Likewise, your employer might offer light-duty work, which is your pre-injury job with certain duties eliminated. If you refuse to work, then workers’ comp can cut off benefits.
Some insurers are eager to cut off benefits. They could even demand that you meet with a new doctor, who might surprisingly clear you to return to work. Many insurers put pressure on workers to return at least part-time.
Call an attorney if you believe you are still injured. We believe all workers deserve to receive benefits for as long as they qualify for them. We might challenge any attempt to cut off benefits.
Contact Us to Find Out How Long You Can Stay on Workers’ Compensation
After an injury, workers deserve fair treatment and all the benefits the law provides. Contact McCravy, Newlon & Clardy if you were hurt in the 29301 zip code. We have fought to receive full benefits for injured workers, and we can help our clients navigate the claims process. Too many workers see meritorious claims denied, and we might even file an appeal before the relevant deadline. Call us today to schedule your free, no-obligation consultation with a Spartanburg workers’ compensation lawyer.