How Is Temporary and Permanent Disability Determined for Workers’ Compensation?
May 28, 2019 | Worker's Compensation
Workers compensation is based on many different factors, including if a disability is temporary or permanent, and if the specifics of the workplace accident that they occurred in fit the requirements of the state’s workers’ compensation laws, which are different in each state. If you have been injured on the job, and are confused by your disability’s diagnoses, or want to know more about how temporary and permanent disability is determined for workers’ compensation, consulting an experienced lawyer about your situation can quickly provide insight into the process and answer any questions or concerns that you might have.
How is Temporary and Permanent Disability Decided?
There are two categories of workers’ compensation disabilities: temporary and permanent, and two subcategories of each of these types of disabilities – partial and total. Temporary partial and temporary total benefits are determined for workers compensation by multiplying an injured employee’s pre-injury weekly wages by a specified rate, typically between 60% to 66 2/3%, and restricting the period for receiving benefits to the maximum amount of time that’s designated in the state’s workers’ compensation laws, otherwise known as the TTD rate. TTD rates vary for each state but can range between 100 weeks to 400 weeks.
If permanent disability is caused in a workplace accident, it’ll fall into one of two categories; permanent partial and permanent total. Permanent disability is determined in the same way as temporary disability, but benefits are awarded for a lifetime. Unlike temporary benefits, which are typically restricted to a weekly schedule, permanent benefits can be dispersed at a weekly rate or in a lump-sum settlement which is subject to a state’s workers compensation laws.
Most Common Types of Temporary and Permanent Workers’ Compensation Disabilities
There are many different ways that a workplace accident can occur, whether it’s due to an employee or employer’s negligence. While an employee-caused workplace injury isn’t eligible to recover workers’ compensation benefits, if an employer’s negligence caused or contributed to the accident occurring, the employee can likely recover workers’ compensation benefits. The most common types of temporary and permanent workers’ compensation disabilities that occur include:
- Occupational illnesses – cancer or other diseases caused by occupational hazards (permanent)
- Mental trauma – PTSD or other severe psychological conditions caused by the accident (permanent)
- Repetitive injuries – repeated strains or tears that occur on the job (permanent)
- Broken bones – broken arms, legs, and ankles, are common in slip and fall and construction site accidents (temporary)
- Head trauma – concussions, brain damage, hemorrhages (temporary and permanent)
How Long Will It Take to Get Temporary or Permanent Disability Benefits?
If you have been injured on the job, the primary question on your mind is likely, “how long will it take to receive workers compensation benefits?” Worker’s compensation laws vary from state to state, and while in some states, injured employees are eligible to receive worker’s compensation benefits in a matter of weeks, in others it can take up to a month. Factors that affect how long it’ll take to receive worker’s compensation benefits include when the claim was filed, the amount of evidence that was included with the claim, if there were witnesses of the accident, and if an experienced lawyer is representing the victim’s case.
Talk to a Workers’ Compensation Lawyer Today
If you were involved in a workplace accident and suffered serious injuries, you need a lawyer to represent your case. Without an experienced Workers Compensation Lawyer by your side, it can be nearly impossible to determine if your injuries were classified correctly, or whether you should negotiate for more compensation for your harm and losses caused by your negligent employer.
Christopher Dixon and the Workers Compensation Lawyers at the Dixon Injury Firm have the experience and commitment needed to recover the compensation that you deserve for your workplace accident injuries. No one should have to suffer harm because of an employer’s negligence, but when it does happen, the Dixon Injury Firm’s Workers Compensation Lawyers are available 24/7 to offer support and discuss the options available to your case for recovering compensation.
For more information on how temporary and permanent disability is determined for worker’s compensation, feel free to call (314) 208-2808, or contact the Dixon Injury Firm today to schedule a free consultation and discuss your case with our experienced Workers Compensation Lawyers.