Whether you work in an office, a warehouse, or a heavy truck, injury or illness can strike even the most cautious employee. Many injuries are minor, like a cut or a sprained ankle. But a major accident can leave you seriously injured or even disfigured to the point where you don’t expect to make a full recovery. In cases like these, you may be eligible for permanent disability benefits through workers’ compensation.
PARTIAL PERMANENT DISABILITY vs TOTAL PERMANENT DISABILITY WORKERS’ COMPENSATION
Permanent Partial Disability
Permanent partial disability is the most common type of claim. It applies when you have a lasting impairment but are still able to work in some capacity. Your injury may limit your ability to perform certain tasks or require modifications to your job, but you are not completely unable to work.
-You are not fully disabled
– You may return to work (same or modified job)
– You receive partial disability benefits
Compensation is based on:
-severity of injury
– body part affected
– ability to work
Examples:
-Loss of partial mobility
– Limited use of a hand
– Chronic back pain but still able to work
– A worker with a back injury who can return to work with restrictions or reduced duties.
Permanent Disability
Permanent total disability, applies when your injury or illness is so severe that you are unable to work in any occupation for which you are reasonably suited by your training, education, or experience.
In California workers’ comp, PD usually includes BOTH:
- Permanent Partial Disability (PPD)
- Permanent Total Disability (PTD)
Permanent Total Disability
You are completely unable to work due to your injury.
-Cannot return to any type of work
– May receive lifetime benefits
– Much higher compensation than permanent partial disability
Example: A worker who suffers a severe spinal injury and is no longer able to work in any capacity.
YOUR DISABILITY MUST BE A WORK-RELATED INJURY
As with all workers’ compensation claims, you must be able to prove that your injury or illness is related to your job in order to collect permanent disability benefits. Whether you fell and broke your ankle at an off-site business meeting or have become sick over time as a result of being exposed to toxic fumes, it’s important that your medical records reflect your claim that the incident is indeed work-related. A workers’ compensation attorney can be very helpful in this stage by gathering your medical records, arranging treatment with doctors who specialize in your condition and calling expert witnesses to testify at your trial.
YOUR RECOVERY FROM YOUR DISABILITY HAS HIT A PLATEAU
Second, before you can collect permanent disability benefits, your doctor has to determine your recovery has hit a plateau and that your condition isn’t likely to improve with additional treatment. When this happens, you’ve reached maximum medical improvement, also called MMI. At this point, your temporary disability payments will expire and your employer’s insurance carrier will assess whether you have any permanent limitations that will prevent you from performing your job.
YOU MUST HAVE LASTING IMPAIRMENTS FROM YOUR DISABILITY
The final qualifier for determining your eligibility for permanent disability benefits is that your condition must have lasting effects that will limit the type of work you can do. For example, you injured your shoulder and you can no longer lift heavy items. If you work in construction, this will have a major impact on your ability to compete in the job market. In this instance, you would be awarded permanent disability benefits to compensate you for your lasting impairment.
WORKERS’ COMPENSATION ATTORNEYS CAN HELP WITH DISABILITY CLAIMS
At The Law Office of Matthew Russell in San Diego, we understand that sorting through the paperwork and navigating the complex workers’ compensation system can be challenging. Fortunately, you don’t have to do it alone. Our professional attorneys have years of experience helping injured workers determine their eligibility for permanent disability benefits, and we would be honored to do the same for you. To see what we can do for you, give us a call at (619) 544-1506