How to Keep Your Workers' Comp Benefits As Long As Possible!

No matter if you're facing a short-term injury or a long-term disability, understanding how to get the most out of your benefits—and keep them—can really impact both your recovery and financial well-being. Let's break it all down so that you're able to keep your benefits as long as possible and maximize the amount you get!

Types of Disabilities & Benefits

First and foremost, your injury type determines what benefits you qualify for:

• Permanent Total Disability (PTD): If you can’t work at all, some states (like NY) offer lifelong benefits.
• Permanent Partial Disability (PPD): If you have a lasting impairment but can still work, you may get limited benefits based on lost earning capacity.
• Temporary Total Disability (TTD): If you can’t work temporarily, you’ll get partial wage replacement until you recover.
• Temporary Partial Disability (TPD): If you can work in a limited role, TPD covers the gap between your old and new wages until you’re fully healed.

How Long Can You Receive Benefits?

Workers’ comp benefits aren’t one-size-fits-all—how long you can collect depends on where you live.

In New York, if you have a permanent total disability (PTD), you could get benefits for life.

But in California, Florida, and Texas, there’s a strict 104-week (two-year) limit. Some states, like Indiana, North Carolina, and Virginia, offer up to 500 weeks—almost a decade.

Most other states provide benefits until you reach maximum medical improvement (MMI) or can return to work. Knowing your state’s rules helps you plan ahead and maximize your benefits.

How to Keep Your Benefits as Long as Possible

Getting workers’ comp is one thing—keeping it is another. Insurance companies are always looking for ways to cut people off, so you’ve got to stay on top of things. Here’s how to protect yourself.

Act Fast: Report & File

• Report Your Injury ASAP – In New York, you only have 30 days to tell your employer. Miss the deadline, and you could lose your benefits.
• File on Time – You’ve got two years to officially file your claim. If you wait too long, you’re out of luck—no matter how bad your injury is.

Stay on Top of Medical Care

• Get Checked Out Right Away – Seeing a doctor immediately helps prove your injury happened at work.
• Keep Up with Doctor Visits – Go at least every 90 days (ideally every 6–8 weeks) to keep your benefits active.
• Save Your Medical Records – The more detailed your paperwork, the harder it is for the insurer to dispute your claim.

Follow Your Doctor’s Orders

• Stick to the Plan – Skipping treatment makes it look like you’re not really hurt.
• Don’t Raise Red Flags – Ignoring restrictions can lead to benefit cuts or even fraud accusations.
• Focus on Healing – Following medical advice helps you recover faster—and keeps your claim strong.

Don’t Give Insurers a Reason to Cry Fraud

• Be Honest – Never exaggerate your injury or hide past conditions.
• Document Everything – Keep records of doctor visits, treatments, and any communication with your employer.
• Watch What You Do – Insurance companies use surveillance—if they catch you doing something outside your restrictions, your benefits could be at risk.
• Think Before You Post – Social media can be used against you. Even harmless photos or updates can be twisted to question your claim.

Know How Surveillance Works

• Assume You’re Being Watched – Investigators may follow you, check your social media, or even send private investigators.
• Stay Consistent – Make sure your daily activities match your medical restrictions.
• Check with Your Lawyer – If you think you’re under surveillance, get legal advice before doing anything risky.

Light Duty Work: What You Need to Know

• Make Sure It’s Safe – Light duty work should fit within your medical limits.
• Get Your Doctor’s OK – Don’t take on a job that could make your injury worse.
• Think Before Saying No – If your employer offers a reasonable light duty job and you refuse, your benefits could be cut. But if the job is too much, talk to a lawyer first.
• Keep Notes – Write down what tasks you’re doing and any difficulties—just in case there’s a dispute later.

Job Searching After TTD Ends

• Know When to Start – If you’re no longer totally disabled, you may need to look for work to keep benefits.
• Follow the Rules – Some states require detailed job search logs to prove you’re looking.
• Stay Within Your Limits – Don’t apply for physically demanding jobs that go against your medical restrictions.
• Get Legal Advice – A lawyer can help you navigate job search requirements and keep your claim on track.

Getting the Most Benefits Possible

Here’s how to make the most of your claim without leaving money on the table.

Think Ahead About Your Settlement

• The longer you collect weekly benefits, the more they chip away at your final payout.
• Example: If your case is worth $50,000 but you’ve already received $10,000, your final check drops to $40,000.
• If a lump sum is on the table, keep this in mind before deciding to stay out of work longer.

Get Back to Work (If It’s Safe)

• If you can return within your medical restrictions, you can keep earning your paycheck while still qualifying for a settlement.
• This helps avoid unnecessary benefit deductions from your final payout.

Take Care of Yourself

• Getting back to work can boost your mental health and even help with recovery.
• Staying active keeps you moving and gives you a sense of purpose.

Make Sure You’re Fully Covered

• Before settling, confirm all medical costs, lost wages, and permanent impairment payments are accounted for.
• Don’t go back too soon if you’re not ready—but don’t drag it out longer than necessary either.

Talk to a Workers' Comp Lawyer

• A good lawyer can negotiate the best deal while making sure your benefits stay intact.
• They’ll help you balance work, benefits, and your claim so you don’t walk away with less than you deserve.

Contact Us For Help With Your Workers' Compensation Case

If you need help with your case, don't hesitate to reach out to me for a free consultation. We can discuss your situation, answer any questions you have, and explore the best steps forward. Just give me, Rex Zachofsky, a call at 212-406-8989.

Let's work together to get you the support and benefits you deserve.