Getting Payments for Permanent Partial Disability Benefits

Claiming permanent partial disability benefits is not an easy procedure. In fact, permanent partial disability is defined differently in different states. The benefits too are calculated in four different ways, depending on the state you reside in.

Partial Disability

Partial disability describes a disability that only allows the worker to perform a part of their regular work. The duties of the worker have to be either modified or the worker has to be employed in a lower paying capacity to qualify for partial disability benefits.

Permanent Partial Disability

This describes disabilities such as the loss of use of a leg or arm. The disability is then permanent, that is, cannot be corrected.

Calculating the Benefit Amount

For the majority of body parts that are injured, the paying authority simply refers to a schedule that states the benefit amount. The pre-injury wages of the worker are also factored in and a benefit amount is then arrived at. For injuries sustained to body parts not mentioned in the schedule, different states have used different approaches. There are four methods for calculating the benefit amount. Each state chooses to calculate the benefit amount depending on its perceptions of fairness.

• Degree of Impairment: Some states calculate the benefits amount entirely on the basis of the degree of injury. The potential loss of earnings is not considered at all.
• Loss of Ability to Earn: Some states calculate the compensation entirely on the loss of the individual’s ability to earn. The greater the loss, the greater the compensation benefits to the injured person.
• Actual Wages Lost: This is similar to the loss of ability to earn, except that the actual wage loss is calculated and compensated for. In other words, the permanent disability benefits are an extension of the temporary disability benefits.
• Two-pronged Approach: Some states decide the compensation based on whether the worker has returned to the employment scene or not. If the worker is able to earn almost to his previous level, then the i9mpairment is assessed and compensated for. Sometimes the worker is unable to earn as much as they were earning prior to the impairment. In such cases the benefits are fixed to compensate this loss in income as well.

Consult a Disability Lawyer

To obtain payment for permanent partial disability, the injured worker needs to prove that the injury prevents them from returning to work in the foreseeable future. For this, the injured person needs to contact a doctor and lawyer. A lawyer will be able to guide the disabled person on the way to get the maximum benefits for an injury. Apart from the loss in wages, the disability can also lead to mental pain and anguish. Only a competent lawyer will be able to guide you through the maze of laws that govern permanent partial disability benefits.