A serious work injury can end a career that took decades to build. Yet, if you can still drive, do basic chores or sit for a short time, “permanent total disability” may seem too extreme. You might assume that any ability to work will rule out these benefits.
Permanent total disability does not always mean you can never work again. State law considers whether you can secure more than sporadic work that provides substantial income. The focus is on your ability to earn a steady living.
Permanent total disability looks beyond your injury
A medical diagnosis or impairment rating tells only part of the story. Two workers with similar injuries can face very different job prospects. The permanent total disability standard considers factors that affect your ability to find suitable work:
- Your age and its effect on employment prospects
- Education and training that prepare you for other jobs
- Past work and skills that may transfer to a new role
- Physical restrictions caused by your injury
- The ability to retrain for another type of work
- Suitable jobs available in your community
If you spent 25 years driving a truck or working construction, permanent restrictions may prevent a return to the work you know. Your background and available jobs help show whether another type of work is realistic.
Some ability to work does not always mean employability
The state’s “odd-lot” doctrine can apply when you retain some ability to work but cannot secure regular employment with a steady income. You do not have to be physically incapable of every job for the doctrine to apply.
For example, you might be able to sit for two hours, stand for 30 minutes and lift 10 pounds. Those abilities may suggest work capacity on paper. Yet, your work history and training may leave few jobs that fit those restrictions. Age and the local labor market can narrow the options further.
Courts recognize that an injured worker may perform sporadic work yet remain unable to secure regular employment and steady income.
Permanent total disability claims require evidence
You will carry the initial burden of showing permanent total disability. Physical limitations combined with age, training and work experience may show that regular employment is not realistically available. Severe and continuous pain can also affect the ability to keep a job.
A good-faith job search may show that suitable work is unavailable. Medical or vocational evidence may instead show that a search would be futile or that retraining is not feasible.
Once an injured worker makes the required initial showing, the employer must show that suitable work is regularly and continuously available in the community. The worker still carries the ultimate burden of proving the claim.
Work capacity does not tell the whole story
A worker who spent decades in physical jobs may have fewer options after permanent restrictions than someone with training for less demanding work. Medical and vocational evidence can show whether the jobs a worker could perform on paper are realistic employment options.
The ability to perform some work does not automatically rule out permanent total disability. The question is whether steady work that provides substantial income remains realistically available.