Determining Workers Compensation For a Permanent Disability

A workers compensation permanent disability award is appropriate when you have become permanently unable to work as a result of an injury suffered at work. Workers compensation benefits provide a mandatory alternative to personal injury litigation and are designed to protect a worker and make sure that if he is injured at work, he is compensated. If your injury is sufficiently severe enough to make it impossible you to work at all, then workers compensation permanent disability payments can kick in to provide you with income.

Understanding Worker's Compensation

Workers compensation is available if:

You were injured because of something connected to work. You didn't have to be at work when it happened, but it had to have resulted from your job duties
You actually suffered injuries
You weren't in express violation of any company policies, nor were you drunk or under the influence of any other mind altering substance when it happened.

Whether or not your employer was negligent doesn't matter for worker's compensation, unlike for personal injury, so in some ways it is much easier to recover damages. However, your damages may also be more limited than in a person injury suit because you generally can't recover for pain and suffering.

Workers Compensation Permanent Disability Benefits

Permanent disability benefits can be received after you prove you are entitled to workers compensation. Generally, you will need expert medical testimony to prove that your injuries have rendered you so disabled or injured that you are not able to work at all. A disability can be partial or permanent, and if it is permanent, then sufficient supporting documentation is needed to that end. You may be able to get this documentation from your own physician or you may be required to have medical care and examinations provided by a physician of your employers choosing.

Once you are confirmed to be disabled and unable to work, your disability benefits are based on:

The extent and nature of your injuries. Each state has a different way of determining exactly what you are entitled to. Some states use impairment ratings, which require a doctor to evaluate exactly how impaired you are, while others use lists of disabilities
The wages you were earning before you were disabled or injured.

Getting Help

If you have been injured at work and permanently disabled, it is essential you consult with an experienced worker's compensation attorney as soon as possible. Worker's compensation is generally your only means to recover the damages resulting from your injury, so it is very important that you follow all required steps to get a worker's comp claim approved. An attorney can guide you through, acting as an experienced advocate to ensure that you get your claim through without issue.

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