• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

How Long does Workman's Comp Last?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

JohnC

Member
What is the name of your state?What is the name of your state? New York

Just reopened an earler W/C claim in Feb from November for back problem suffered while working for my employer. My work caused me a great deal of pain and I sought advise from a back specialist.
Due to nature of problem,(spinal stenosis) I most likley will never return to work.
How long will W/C last before I have to file for SS disability? I know that SS says that it takes 3-5 months to get a claim approved so I want to allow enough time before W/C runs out.
 


cbg

I'm a Northern Girl
Workers comp does not "run out" after any specific length of time. It's not like FMLA, which is for a maximum of 12 weeks (unless your employer chooses to make it longer) or a short term disability policy, which can be for anywhere from 13 weeks to six months, depending on the policy, but does have a finite time frame.

Workers comp will last until your doctor clears you to return to work. It might be two weeks or it might be two years. It depends on YOUR specific situation.

I just reread your post and realized that I missed the part where you may never return to work.

Workers comp won't run forever. When you have gotten to the place where you aren't going to improve any more, there will be a settlement which will close your claim.

You may as well apply now.
 
Last edited:
B

babyseth

Guest
Still on Workman's Comp

I live in Ohio and have been on Workman's Comp for almost 3 years. Temporary Total. I have just been approved for S.S. which took about 2 years. I was turned down twice and got to the part where it was a year's wait for a hearing judge when someone decided to o.k. it. It takes a long time to get approved for S.S. because as the man explained to me, S.S. does not consider back problems a criteria for S.S. I have had 2 discs removed, spinal stenosis also, and can hardly walk. I am going to another doctor for another opinion but if nothing happens I will probably have to go off Temporary Total to Permanent Total Disability with Workman's comp. I never took any kind of settlement and never will because as you know with back problems this is a forever thing so you want them to forever pay for any kind of doctor appointments, rehab, or more surgery down the road. If you settle you are giving up all rights for them to pay for anything and you don't want this to happen.. If you have any questions feel free to e-mail me at [email protected] :)
 

JohnC

Member
Workman's Comp

New York
I had a followup doctor visit today and still waiting for approval of WC to allow Cortisone treatments.
Doc says after I get that, that I should be able to return to work.I disagree. I am allowed 3 treatments of cortisone total for life. .
Looking at the long term, I cannot do the work I used to do (Printing for last 30+ years) otherwise it will cause my condition (spinal stenosis) to worsen which will make the cortisone ineffective. I don't feel surgrey is a good recourse unless I run out of other options first.
Others I have talked to say to stay away from surgrey as it can make it worse.

My question: To ensure continued W/C, who determines my condition?
ME or the Doc?
If I say,no to going back to work, does my doc have to continue to issue a no-work slip for my employer?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top