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Eligibility requirements for permanent total disability

On Behalf of | Sep 13, 2021 | Workers' Compensation

Residents of Sioux Falls and other parts of South Dakota may want to learn more about the requirements needed to receive total disability from a workers’ comp claim. Called PTD, permanent total disability means that you may never be able to return to work. It happens when a work-related injury or illness has left you with a lasting medical problem.

If there are additional curative treatments available, that may disqualify someone from receiving permanent disability benefits. If the doctor thinks a person may improve over time, that would also be a reason for disqualification.

The condition must be permanent and stable

In order to qualify, your treating doctor must state that your condition has reached a plateau; it is not likely to improve, at least in the near future. It has reached “maximal medical improvement” (MMI), otherwise called “permanent and stationary.”

Conditions vary from state to state

Determining permanent total disability for workers’ comp will vary from state to state. Usually, your treating doctor will say you have a lasting medical condition. There has been an impairment that resulted from your work-related injury or illness.

An independent medical examination (IME) may be necessary

The result of this is a percentage that determines your personal disability rating. It is not necessary to prove that you cannot work at all; certain types of injuries may qualify, such as the loss of both legs or eyes. A combination of impairments may add up to 100%.

An explanation of total permanent

When someone has a permanent partial disability, he or she has sustained permanent disabilities that will make him or her unable to work full-time ever again. On the other hand, total permanent disability means that someone will never be able to work again.

The rules may be a bit complicated

This type of disability payment may not last the rest of your life. It is best to speak to an attorney before signing a workers’ comp settlement.

When it comes to workers’ comp, the eligibility is that the injury or illness is stable and that no improvement will happen. This determination comes from a doctor or an independent medical examiner (IME.)