Disability benefits are determined based on the degree of limitation your injury causes. They can also be classified as temporary or permanent—with permanent benefits awarded for the more restrictive disabilities. Your injury should have been examined by a medical professional, and their diagnosis was likely that your condition would get better. However, the progress of your recovery can stall, and your condition may not improve.
Permanent disability is broken down further to include two additional classifications: permanent partial and permanent total. Permanent partial disability applies to individuals whose disability has decreased their potential earning capacity, but not destroyed it entirely. This could include a disability where you’re unable to walk long distances or lift heavy objects above 25 pounds. Permanent total disability refers to the most serious of disabilities and can include life pension awards in addition to compensation payments.
A medical professional will determine if your condition has reached maximum medical improvement (MMI), which is when treatment can no longer help your situation. The time it takes to reach this status can vary, as some individuals will arrive at MMI only after years of rehabilitation efforts, while others may have significant enough injuries that they receive this label immediately after their accident.
Regardless, once MMI has been established, you can begin to determine your eligibility for permanent disability benefits. The qualifications can vary depending on your location, but a lasting medical condition or loss of function as a result of a workplace accident are both usually covered. The insurance company may request to perform an independent medical evaluation to assess your disability, but you can hire an independent examiner if you disagree with their opinion.
It can be difficult to understand how much your compensation should be based upon your situation. To find out more information about your state’s eligibility requirements, contact Morgan & Morgan for a free, no-risk case evaluation.