How Long Can You Be on Workers’ Comp?

Are you healing from a jobsite injury and unsure when your checks may stop? In New York, there is no single time limit for each workers’ comp claim. Temporary benefits can last while a work injury keeps you from earning your full wages. If your condition becomes permanent, new rules apply. Your claim type and lost earning power then control how long payments last.

For example, non-schedule permanent partial awards may run for 225 and 525 weeks. The New York State Workers’ Compensation Board also sets the maximum weekly benefit at $1,281.50 for injuries from July 1, 2026, through June 30, 2027. The minimum weekly benefit is $384.45, although it may be reduced if your actual wages were lower.

What Starts and Stops Workers’ Compensation Benefits?

Your claim moves through stages, and each stage has its own rules. Doctor’s reports show your degree of disability. Wage records set your average weekly wage, while the Board settles disputes.

The First 7 Days Are Not Paid

• Lost wage benefits do not cover the first 7 days that you cannot work.
• If you are out for more than 14 days, payments go back to your first missed workday.
• On an accepted claim, payments should start within 18 days of the injury. If your employer learns about it later, the carrier has 10 days after that notice to pay.
• Medical care starts on day 1, even if you miss little or no work.

If you miss the notice deadline, your claim may be at risk. First, check how long you have to report a workplace injury.

How Long Temporary Workers’ Comp Benefits Last

Temporary total disability applies if you cannot work for a limited period. Temporary partial disability applies if you can work but cannot earn your full wages. Neither has one fixed number of weeks. Instead, a Board-authorized provider reports your limits. The carrier then pays the rate that the medical proof supports.

Temporary payments may end if:

• You return to full duty at your full contract rate.
• Your doctor finds that you reached MMI.
• A judge finds that the records no longer support your limits.

If you miss a visit, your case file may have a gap. The carrier may then challenge or seek to stop your payments. Read what not to say to a workers’ comp doctor so each report shows your real limits.

Maximum Medical Improvement (MMI) Changes the Timeline

So, how long can you be on workers comp before the rules change? MMI is the key point. It means you have healed as much as your doctor expects, although you may still need care. The Board presumes MMI occurs no more than 2 years after the injury. If the injury leaves lasting limits, a classification hearing can then set your benefit period.

225 to 525 Weeks for Permanent Partial Disability

Injuries involving the spine, pelvis, lungs, heart, or brain may qualify as non-schedule permanent partial disability. Your loss of wage-earning capacity decides the maximum weeks payable for injuries on or after March 13, 2007.

The table above highlights selected examples of benefit durations. The number of weeks payable depends on your loss of wage-earning capacity. See the New York State Workers’ Compensation Board’s full schedule for all categories.

At 525 weeks, payments can run slightly longer than 10 years. At 225 weeks, they last a little more than 4 years. This finding can change the total value of your claim. Consider speaking with your union representative and a workers’ compensation attorney before the hearing.

Schedule Loss of Use Follows a Different Clock

A schedule loss of use award may cover a permanent loss or impairment involving an arm, hand, leg, foot, finger, eyesight, or hearing. State law assigns set weeks based on the body part and extent of harm. Temporary benefits already paid reduce the total, so the rest may arrive as a lump payment.

When Workers’ Comp Has No Fixed Time Limit

Permanent total disability has no limit on the number of weeks payable. In addition, care for an accepted workplace injury may continue after wage benefits end.

Long claims can place steady pressure on a household. Keep these details in view:

• Your rate follows your injury date. So, later increases to the minimum weekly benefit or maximum weekly benefit do not raise it.
• Inflation can reduce what an older weekly payment buys.
• Social Security disability may apply if your condition is expected to last at least one year or result in death.
• A workers’ compensation settlement may close lost wages while leaving care open, but both sides must agree.

Job Protection Has a Separate Time Limit

Workers’ compensation replaces part of your lost income, but it does not protect your job on its own. The Family and Medical Leave Act may provide 12 workweeks in a 12-month period of unpaid, job-protected leave. To qualify, you usually need 12 months of work, 1,250 hours during the prior 12 months, and a covered worksite. Your collective bargaining agreement and out-of-work list may offer more rights. So, contact your business agent early.

Practical Steps During a Workers’ Comp Claim

• Keep each follow-up visit because steady care supports both healing and payments.
• Request a light duty assignment in writing if your doctor allows limited work. A lower wage may still qualify for a partial benefit.
• Save pay stubs from all signatory contractors because they may help prove your average weekly wage.
• Use ULA Network’s tools for slowdowns and unexpected expenses if a smaller check strains your budget.

At ULA Network, we support members who build, wire, and drive New York. Network supporter Sword Health provides digital physical therapy between clinic visits. If a carrier disputes your work limits, Schwartzapfel Holbrook handles work injury cases across New York. You can also find more supporters across ULA Network.

Plan Around the Dates That Matter

It is easier to focus on healing if you know how long you can be on workers comp. You should also know what may change your checks. Track your 7th day out, the 2-year MMI presumption, and any classification hearing. Before you sign a workers’ compensation settlement, speak with your business agent or attorney. You can also review our workers’ compensation resources.

If your local needs a clear guide for a meeting, newsletter, or video, our media services can help. Contact us to discuss what your members need.

Frequently Asked Questions

1. How long can you be on workers comp before the insurer offers a settlement?

The carrier must offer a chance to settle within 2 years after the Board indexes the claim. Another deadline is 6 months after you are classified with a permanent disability. Whichever date comes later applies. You do not have to accept a settlement. Before signing, check whether medical care will remain covered.

2. Can My Benefits Stop While I Still Hurt?

Yes. Payments depend on case records, not pain alone. Keep each visit, and make sure each report explains your limits.

3. Does Time on Workers’ Comp Count Toward My Pension Credit?

Your pension credit depends on the fund’s rules, not state law. Call the fund office and ask how it handles time away from work.

4. What If My Injury Gets Worse Years Later?

You may ask the Board to reopen the case because your condition changed. New reports from a Board-authorized provider can support your request.

5. Can I Receive Workers’ Comp and Social Security Disability Together?

Yes, but the rules differ for SSI and SSDI. An offset may reduce SSDI, while workers’ comp payments can count as income for SSI. This guide explains the difference between SSI and SSDI.