Workers who have suffered an injury on the job are understandably concerned about their financial future. When seeking disability benefits, there are myriad factors under the law that will determine if they receive permanent total disability or permanent partial disability.
This has been discussed previously, but there are other aspects that should be weighed when moving forward with the process. Two areas that should be fully understood from the outset include the evidence that is necessary to prove partial or total disability and what the difference is between the benefits. Specifically, that means how the amount the injured worker will receive is calculated. Knowing the facts about these benefits is imperative. It is also important to have assistance with the case.
Understanding permanent partial vs. permanent total disability
The fundamental difference between permanent partial and permanent total disability is how much the worker can do and their chances of recovery. Permanent partial disability (PPD) means that the injury results in an impairment that hinders whether they can do their job and search for other employment that they can do. They might still be able to work, but it is not going to be the same type of job with the same duties as they did before.
For example, if the person was a construction worker who has an injured back, they might not be able to lift the same amount of weight as they did before. Since construction work often requires heavy lifting, that can significantly impair their employment options.
When a person is categorized under PPD, they will be paid two-thirds of their average weekly wage. The body part that was injured will determine how long they get the benefits. Under workers’ compensation law, a worker losing use of an arm would receive payments for 200 weeks. If it is a thumb, it is 50 weeks. The weeks vary based on the body part that was injured.
Permanent total disability (PTD) means that the person cannot do any kind of work at all. The previously mentioned example of a construction worker who injured their back but can do some type of work could receive PTD if it is a particularly severe back injury such as spinal cord damage where they cannot do any substantial gainful activity.
To receive PTD, the injury needs to last more than a year or result in the person’s death. The worker will continue to receive these benefits for their entire life, or until they recover well enough to do some type of work.
Medical evidence needs to be shown when seeking either PTD or PPD. Medical professionals will give ratings as to the level of impairment. If a person tore a muscle in their shoulder and needs surgery to repair it and that surgery plus rehabilitative care will eventually result in a recovery, then they are likely to be categorized under PTD.
If they lose complete use of the arm, then it is probably going to be PPD. Another factor is if the person can do any other kinds of work. The job market will be assessed as will their education, skills, and training to determine how they are categorized.
Workers who are accustomed to getting up every day and doing their jobs are frequently embarrassed that they are injured and want to get back to full fitness as quickly as possible. Some might be intimidated by the workers’ compensation process, think they are doing something wrong, or fear for their future employment if they seek benefits. However, workers are entitled to these benefits if they are hurt on the job.
A fundamental part of a workers’ compensation claim is a fair assessment of the injury and whether it warrants permanent total disability or permanent partial disability. Since this can be confusing and complex, it is wise to have assistance that can explain the process, show evidence, and seek a fair resolution to the claim.