Total and Permanent Disability
Posted on behalf of Phillips Law Group on May 20, 2013 in Workers' Compensation
Permanent disability benefits are an award given under circumstances where a person is no longer able to perform the functions that gainful employment requires, as a consequence of an injury covered by workers compensation.
Several factors are taken into consideration when an individual files a claim for total and permanent disability. Some involve work, such as the persons age, employment record and level of education, while others involve the individuals abilities, such as psychological, sociological and physical challenges. All of this information can be considered in a claim.
If you or a loved one has suffered a debilitating injury while on the job that prevents the victim from maintaining steady employment, he or she may be eligible to file a claim for total permanent disability. The workers compensation attorneys at Phillips Law Group can help.
Find out about your legal options today start now by filling out our Free Case Review form.
Who is Eligible for a Permanent Total Disability Claim?
In most cases of an injury that occurred in an industrial setting that permanently hinders a worker from executing any form of gainful employment, that injured worker will be eligible for permanent total disability compensation. In most states, this means the injured will receive approximately 2/3 of their previous income, barring any restrictions.
Some questions that are asked when considering a claim include:
- Does the worker have any residual function physically?
- What are the physical and/or psychological limitations of the worker?
- Do any other factors beside the injury cause a permanent inability to perform work?
In many states, in cases where a worker loses both hands, arms, feet, legs or eyes in an on-the-job accident, or a combination of 2 or more of the aforementioned body parts, the victim is entitled to statutory permanent total disability, which is paid for the remainder of the victims life, regardless of their working status.
Permanent Disability Claims under Workers Compensation
If an injured worker is granted compensation for permanent disability, payments continue for the rest of the workers life. The only exceptions involve cases where the injured individual later acts in ways that warrant the termination of disability benefits, such as seeking work. Permanent disability benefits can usually be contested by the self-insured employer or the bureau of workers compensation in the state handling the case.
In order to file a claim for total and permanent disability, an individual will need to have been treated by medical professionals after the work injury occurred. The doctors prognosis and notes on discharge will be important to your case. In many cases, information will need to be gathered from several healthcare sources. The injured worker will also be required to file paperwork with the states workers compensation agency. If you are currently seeking permanent disability benefits for an injury that occurred on the job, our workers compensation attorneys can help make sense of the process and assist you in filing your paperwork.
Contact Our Workers Compensation Law Firm
On-the-job injuries occur each day but when trauma that happened in the workplace leads to long-term, life-altering ailments, the consequences can be devastating. If you or a loved one has lost the ability to sustain meaningful employment because of an injury that happened while working, the victim may be eligible for total and permanent disability compensation.
The attorneys at Phillips Law Group have been defending victims of workplace injuries like you for decades. We proudly represent those seeking justice through workers compensation claims in Arizona, Utah and California, and offer offices convenient to the following towns and cities:
- Phoenix, AZ
- Tucson, AZ
- Glendale, AZ
- San Diego, CA
- Coronado, CA
- La Mesa, CA
- Salt Lake City, UT
- West Valley City, UT
- Bountiful, UT
- and communities throughout these areas
Learn how we can help you file your claim for permanent total disability or defend you if you have been denied a claim. Call 1-800-106-3000 or 602-258-8888 today to discuss your legal options confidentially with our legal professionals.
To get your consultation started right now, simply fill out the FREE CASE REVIEW form at the top of this page.