If you cannot recover from a workplace injury, you may be deemed permanently disabled.
Workers’ compensation is a type of insurance designed to protect employees who are hurt on the job through accidents, exposure to chemicals, repetitive motions, or in any other way. Employers are required to carry this insurance, which will provide certain benefits to employees who suffer injuries while at work. If a workers’ compensation claim is approved, then the injured worker may be entitled to cash benefits, job training or other types of benefits.
In some cases, a person may be deemed to be permanently disabled due to the nature of the injury suffered. In that case, a person may be able to receive either temporary partial disability payments or permanent disability payments. Read on to learn how a worker is determined to have a permanent disability — and what that means in terms of compensation.
How Permanent Disabilities Are Determined
Qualifying as permanently disabled largely comes down to the opinion of medical experts. If your doctor believes that you are unlikely to recover from your workplace illness or injury, then she or he will evaluate you to determine whether you qualify as permanently disabled for purposes of workers’ compensation.
In this evaluation, the doctor will take into account other factors that may have led to your disability, such as past injuries or your actions since the accident. Based on this assessment, the doctor will then draft a report on your disability. This report is then used to determine a permanent disability, or PD, rating. This rating is then used to calculate your workers’ compensation benefits.
Permanent Partial Disability
If your injury is permanent and will not improve, then you will be qualified as permanently disabled. However, if your PD rating is anything less than 100%, you will be deemed partially disabled. You will then be entitled to weekly payments based on when the injury occurred, how disabled you are, and other factors, such as the number of employees your employer has and whether or not you were offered a job when you were able to return to work. The amount that you will be entitled to will vary significantly based on this evaluation.
Total Permanent Disability
It is incredibly rare for an employee to be deemed 100% disabled. This is known as total permanent disability, which entitles a worker to a weekly benefit at the temporary disability rate for the rest of his or her life. Some conditions, such as the loss of the use of both arms, legs, or eyes, are presumed to be a total permanent disability. Otherwise, it may be difficult to prove that you are completely disabled. If the disability rating is anything under 100%, then the employee is considered to be partially disabled.
The workers’ compensation process can be complicated. When it comes to disability ratings, the insurance company and employer may vigorously fight against a high PD rating. This is because the higher the PD rating an employee has, the more money he or she will likely be entitled to over time. That is why you need the assistance of skilled workers’ compensation attorneys who can aggressively fight for your rights. At the Law Offices of Larry H. Parker, we are experienced in workers’ compensation cases and will work hard to prove that you deserve the maximum benefits. If you’ve been hurt on the job, contact our office today at 800-333-0000 or info@larryhparker.com to learn how we can help you.
