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How Long Can a Claimant Continue to Receive Workers’ Compensation Wage Loss Payments?

A question I’m occasionally asked is whether a surviving spouse, with or without dependent children, will receive wage-loss payments after a claimant’s death. The answer is yes—if the claimant has died from the work-related medical condition(s). If the cause of death is not due to the work injury—the answer is no. Other dependents may be eligible depending on the circumstances. See a new regulation (8/29/11) at 20 CFR § 10.410.

I’m often asked if a claimant can plan on staying on workers’ compensation indefinitely. It’s possible to stay on compensation, but you can't plan on it. OWCP does not see workers' compensation as a retirement program and constantly reviews claim files for possibly ending or reducing a claimant's compensation with updated second-opinion medical reports, vocational rehabilitation, etc. Employers are eager to make job offers to remove employees from the workers’ compensation roles.

Changes in the law may influence the continuation of compensation.

See topics IMPORTANT CHANGE IN RETURN TO WORK ISSUES and POSSIBLE BENEFIT CHANGE FOR RETIREMENT-AGE CLAIMANTS.

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