When a workplace injury leaves you unable to return to your job or limits your ability to work in the future, you may be entitled to permanent disability benefits through workers' compensation. Unlike temporary disability benefits, which provide wage replacement while you recover, permanent disability benefits are designed to compensate you for the long-term impact of your injury on your earning capacity.
At Ironclad Injury Law, with offices in Omaha, Des Moines, Kansas City, St. Louis, Boca Raton, Manhattan, Atlanta, and Chicago, we specialize in helping injured workers secure the full range of benefits they are entitled to after a serious or catastrophic workplace injury. This guide will explain the different types of permanent disability benefits available, how these benefits are calculated, and what steps you need to take to secure maximum compensation.
Permanent disability benefits are a form of workers' compensation that provides ongoing financial support to workers whose injuries result in long-term or permanent impairments. These benefits are awarded after a worker has reached Maximum Medical Improvement (MMI), which means their condition has stabilized and is not expected to improve significantly with further medical treatment.
Permanent disability can be classified into two main categories:
The amount of permanent disability benefits you are entitled to depends on several factors, including the nature of your injury, the extent of your disability, and the workers' compensation laws in your state. Here’s an overview of how permanent disability benefits are calculated:
One of the first steps in determining permanent disability benefits is assessing the extent of your impairment. This is typically done through a medical evaluation by your treating physician or an independent medical examiner. The doctor will evaluate your physical and functional limitations and assign you a disability rating, which is expressed as a percentage. The higher the percentage, the greater your level of disability.
For example, a worker with a 50% disability rating has a significant impairment, but they may still be able to perform some types of work. On the other hand, a worker with a 100% disability rating may be considered permanently and totally disabled, meaning they are unable to perform any type of work.
If you are awarded PPD benefits, the amount you receive will depend on your disability rating and your state's workers' compensation guidelines. PPD benefits are typically calculated based on:
PPD benefits are generally paid for a fixed number of weeks or months, depending on the extent of your disability and state guidelines.
If you are found to be permanently and totally disabled, you may be entitled to PTD benefits, which provide ongoing financial support for the rest of your life or until you are able to return to work. PTD benefits are typically calculated based on:
PTD benefits are typically paid for life or until you reach a certain age, depending on your state’s workers' compensation laws.
Before you can receive permanent disability benefits, you must reach Maximum Medical Improvement (MMI). MMI occurs when your doctor determines that your condition has stabilized and is not expected to improve further with additional treatment. Once you reach MMI, your doctor will evaluate the extent of your permanent impairment and assign a disability rating.
Reaching MMI is a critical step in the workers' compensation process because it triggers the determination of whether you are eligible for permanent disability benefits and, if so, how much compensation you will receive. It’s important to follow your doctor’s recommendations and attend all scheduled appointments to ensure that your MMI evaluation is accurate and timely.
Securing the maximum permanent disability benefits requires careful attention to the details of your claim and an understanding of your legal rights. Here are several steps you can take to maximize your benefits:
If you disagree with the disability rating assigned by your treating physician or the workers' compensation insurance company’s independent medical examiner (IME), you have the right to seek a second medical opinion. A second opinion can help ensure that your disability rating accurately reflects the extent of your injury and your ability to work.
At Ironclad Injury Law, we work with medical experts who can provide independent evaluations and testimony to support your claim for permanent disability benefits.
Thorough documentation is critical when applying for permanent disability benefits. Keep detailed records of all medical treatments, doctor’s visits, therapy sessions, and any work restrictions provided by your healthcare provider. These records will help demonstrate the extent of your injury and the impact it has had on your ability to work.
In addition to medical records, keep a personal journal detailing your symptoms, pain levels, and any challenges you face in your daily life due to your injury. This can be valuable evidence when seeking higher compensation.
If you are unable to return to your previous job due to your injury, you may be eligible for vocational rehabilitation benefits. These benefits are designed to help you transition into a new line of work by providing job training, education, and job placement services.
Vocational rehabilitation can be an important factor in maximizing your long-term financial stability, especially if you are awarded permanent partial disability benefits. Your workers' compensation attorney can help you explore your options for vocational rehabilitation and ensure that you receive the full range of benefits available.
Navigating the workers' compensation system and securing permanent disability benefits can be a complex process, especially if your claim is disputed or your disability rating is contested. Working with an experienced workers' compensation attorney can help ensure that your rights are protected and that you receive the full benefits you are entitled to.
At Ironclad Injury Law, we specialize in handling high-value workers' compensation cases, including those involving catastrophic injuries and permanent disabilities. Our team has extensive experience negotiating with insurance companies, appealing denied claims, and representing injured workers in hearings and trials. We are committed to securing the maximum compensation for our clients and helping them move forward with financial stability after a serious injury.
While workers' compensation is designed to provide financial support for injured workers, securing permanent disability benefits is not always straightforward. Some of the most common challenges injured workers face include:
One of the most common challenges in permanent disability cases is a dispute over your disability rating. Insurance companies often seek to minimize their financial liability by assigning lower disability ratings than what your injury warrants. If you believe your disability rating is too low, it’s important to seek a second medical opinion or request an independent medical examination.
In some cases, workers experience delays in reaching Maximum Medical Improvement (MMI), which can delay the determination of permanent disability benefits. These delays can create financial hardship, especially if you are unable to work while waiting for a final determination of your benefits.
Unfortunately, some workers' compensation claims are denied, even when there is clear evidence of a permanent disability. If your claim is denied, you have the right to appeal the decision and present additional evidence to support your case. Working with an experienced attorney can significantly increase your chances of success during the appeals process.
At Ironclad Injury Law, we are dedicated to helping injured workers navigate the complexities of the workers' compensation system and secure the benefits they need to move forward. Whether you are dealing with a permanent partial disability or a permanent total disability, our experienced team is here to guide you through every step of the process.
With offices in Omaha, Des Moines, Kansas City, St. Louis, Boca Raton, Manhattan, Atlanta, and Chicago, we have the resources and expertise to take on even the most challenging workers' compensation cases. We offer free consultations, so don’t hesitate to reach out if you need help securing permanent disability benefits.
If you’ve suffered a serious or catastrophic injury that prevents you from returning to work, permanent disability benefits can provide the financial support you need to maintain your quality of life. By understanding how these benefits are calculated and working with an experienced attorney, you can maximize your chances of securing the compensation you deserve.
At Ironclad Injury Law, we are here to help. Contact us today for a free consultation, and let us fight for your rights and secure the permanent disability benefits you’re entitled to after a workplace injury.
