Defending Your Rights And Future And Seeking The Compensation You Deserve

What is meant by a total permanent disability?

On Behalf of | Mar 11, 2021 | Workers' Compensation

Someone may go to work one day and sustain an unfortunate accident. Years may pass without any incidents, but no one can predict when things will go wrong or how severely. Sadly, a worker may get into a disastrous accident that could lead to a permanent disability. The incident could even leave the person unable to work, creating a potentially nightmarish financial situation. South Dakota residents who find themselves in such a situation may be able to file for workers’ compensation under a total permanent disability (TPD) status.

Understanding total permanent disability

Total permanent disability (TPD), as the name implies, refers to someone’s inability to work as a result of being injured. Someone involved in a work-related auto accident may suffer permanently disabling injuries. An individual who could recover from the injuries in time would likely be classified as temporarily disabled, a classification that follows different workers’ compensation rules.

Anyone filing a claim for workers’ compensation based on TPD status needs to present substantial evidence. Medical records and physician reports may strengthen the claim.

South Dakota law, workers’ compensation and TPD

Under South Dakota law, someone who becomes permanently disabled and is entitled to worker’s compensation could collect those benefits for the entire duration of the disability. Specifically, the law allows someone to collect two-thirds of his or her average weekly salary, which is subject to both a minimum amount and a maximum amount cap.

Workers’ compensation laws in South Dakota eliminate any requirement to prove negligence. The no-fault system could present a straightforward way to apply for benefits, but not every case moves smoothly. Working with an attorney may be necessary if, say, an employer claims the injury didn’t happen at work.

Also, there may be instances where the claimant could potentially file a negligence suit. Third-party lawsuits, such as ones involving contractors, represent such a scenario. People suffering from permanent disabling injuries may find a lawsuit settlement or judgment vital to covering their care and other expenses.

A workers’ comp attorney could assist during all stages of the claim. A lawyer may assist with initial filings and appeals.