How Long Can You Receive Disability Benefits After a Work Injury?

a man in a wheelchairA work injury can be physically and financially devastating. It can quickly throw a worker out of a job, sometimes for an extended period of time. In order for a worker to continue to support themselves, they must receive disability benefits. But, how long do these benefits last?

Calculating the Length of Disability Benefits

The length of time an injured worker can recover disability benefits depends on several factors. The main factor is the type of disability benefits the worker is eligible to receive. The four types of disability benefits include:

  • Temporary Partial Disability: Paid weekly at 66 2/3% of the difference between the average earnings prior to the accident and the amount which the worker will be able to earn during the period of disability.
  • Temporary Total Disability: Calculated at 66 2/3% of the injured worker’s average weekly wage, not to exceed a maximum amount set by the law. The average weekly wage is based on gross wages (pay before taxes and other deductions).
  • Permanent Partial Disability: Calculated at 66 2/3% of the worker’s average weekly earnings as of the date of the injury, not to exceed a maximum amount set by the law.
  • Permanent Total Disability: Workers who are permanently and totally disabled may receive weekly payments for their lifetime, or a lump-sum settlement. The weekly payment is based upon 66 2/3% of average weekly earnings at the time of the injury, not to exceed a maximum amount set by law.

The duration of disability benefits largely depends on the extent of the injury. Part of this process is receiving a medical evaluation where a doctor will give an injured worker a percentage score that reflects the seriousness of the injury. The greater the percentage of disability, the longer the disability benefits will last. It’s also possible the percentage will determine which of the four types of benefits listed above the worker will receive.

Filing a workers’ compensation claim can be complicated, particularly when you want to focus on recovering from your injuries. Our Kansas City and Topeka personal injury attorneys can take the process out of your hands. Call DiPasquale Moore at (888) 743-1030 to schedule a free consultation.

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