Many work injuries, though serious, do resolve, and the person is able to return to their job. But what if a person is injured for many months or years? Or what if they are permanently disabled? Or what if a person can return to work but has ongoing issues related to their injury?
In any workers’ compensation claim, it is vital to make sure the claim is recognized and proper paperwork has been submitted to the Bureau of Worker’s Compensation. An experienced workers’ comp attorney can ensure that everything is in order.
There is no set time limit on workers’ comp benefits, but employers may try to limit how long workers are able to collect.
If an employer or insurer has evidence that an employee has returned to work at wages equal to or more than their prior earnings level, they can stop paying wage loss benefits after providing timely notice. However, the worker may be entitled to continue to receive medical benefits and treatment even after they return to work.
Other reasons that benefits may be stopped include: a workers’ comp judge stopped benefits after a hearing; the employee signs either a supplemental agreement or an agreement to stop workers’ compensation (commonly referred to as a final receipt); the 500-week period of partial disability status expires.
What if I am permanently disabled?
If an employee is totally disabled and unable to work, they are in Total Disability Benefits Status. After 104 weeks of such status, the employee will typically undergo a medical examination called an Impairment Rating Evaluation, or IRE. This exam will assess the worker’s loss of physical function. If the employee has an impairment of less than 35%, their wage loss payments will be capped at 500 weeks.
Although an impairment finding of less than 35% would not change the amount of money a worker receives, it will impact the length of time they can receive benefits.
If the worker is found to have an impairment of 35% or greater, they are deemed totally disabled and they will receive workers’ comp payments until their death.
Let’s return to the show Frasier for an example. Much of the comedy of the show Frasier comes from the conflict between Frasier, a pretentious psychiatrist who loves opera, sherry and fine dining, and his father Martin, who loves sports and beer in a can and spent his career as a police officer.
At the beginning of the series Martin comes to live with Frasier because of an injury that Martin suffered at work. He was shot on duty while interrupting a robbery at a convenience store, and was permanently disabled as a result. His injury inhibits him from living alone, and forces him to accept Frasier’s invitation to live with him.
Would Martin be considered permanently disabled under the current Pennsylvania workers’ comp laws? He would likely have to undergo the Impairment Rating Evaluation to determine his loss of physical function. If he is found to have an impairment of at least 35%, he would be deemed totally disabled, and be able to receive workers’ comp payments indefinitely.
If he is found to have an impairment of less than 35%, he could receive his wage loss payments for a maximum of 500 weeks.
The Pennsylvania workers’ compensation laws about partial and total disability have changed since 2017. If you have suffered a work injury and have questions about your level of impairment or length of payments, contact the experienced workers’ compensation lawyers at Aversa and Linn to assist you with understanding your rights under the law.
