When Workplace Injuries Lead to Permanent Disability Claims

If you are injured on the job, you’re in a terrible position, but if your injuries lead to permanent disability, the situation is that much more difficult. Workers’ compensation claims are legally challenging, but obtaining the compensation that you deserve is critical. To do so, you need one of our experienced Conway workers’ compensation attorneys at L. Morgan Martin in your corner.

When an Injury on the Job Qualifies as a Disability

If you were injured at work, you’re entitled to workers’ compensation coverage, regardless of whether your employer’s negligence caused the accident. The qualifier of permanent disability applies only when an employee suffers an injury that they’ll never fully recover from or that they won’t recover from anytime soon.

Permanent Disability Benefits

Permanent disability benefits are more significant than they are for claims involving injuries that don’t lead to disability. This is because permanent disability benefits are designed to cover the injured employee’s lost earning capacity over their lifetime, rather than to replace their income while they recover from an injury.

Reaching Maximum Medical Improvement

Permanent disability benefits are not finalized until the injured employee reaches what’s called maximum medical improvement (MMI). This is the point at which you’ve recovered to the degree that you’re expected to recover.

Once MMI applies, your doctor will determine if you’ve suffered a permanent disability, which means an injury that affects your ability to work long-term or to work ever again. From here, they’ll certify their findings with the workers’ comp insurance provider.

The Calculation of Permanent Disability Benefits

Permanent disability benefits can be calculated in one of the following two ways:

• By evaluating the degree to which your disability affects your overall earning capacity
• By evaluating your loss of the use of a specific body part, which has a specific value assigned

Permanent Disabilities Are Defined as Either Partial or Total

Your permanent disability under workers’ compensation will be defined as partial or total, and this categorization will directly affect the duration of your lost-wage benefits.

Permanent Partial Disability

Permanent partial disability benefits are intended to compensate you for a long-lasting or permanent impairment or for the functional loss of a body part. Even if you’re able to return to work after reaching MMI, whether at full capacity or in a more limited way, permanent partial disability can apply. Partial disability benefits are capped at 340 weeks, but the nature of the loss generally determines the duration of benefits.

Permanent Total Disability

If your injury stops you from returning to work at all, in any capacity, permanent total disability applies. Permanent total disability benefits are capped at 500 weeks, but this limitation doesn’t apply to very serious injuries like brain damage or paralysis.

Reach Out to Our Experienced Conway Workers’ Compensation Attorneys Today

The dedicated Conway workers’ compensation attorneys at L. Morgan Martin have earned a reputation for skillfully guiding even challenging claims toward advantageous resolutions, and we’re here for you, too. Learn more by contacting us online or by calling today.