How Do I Prove Workers Compensation Permanent Disability?

When you fall victim to a serious injury at work, you may be able to collect disability benefits. If your injuries are permanent, you may even be able to collect workers compensation permanently disability benefits. However, you will need to qualify for the benefits by meeting several criteria.

Do you Qualify for Workers Compensation Permanent Disability?

Whether or not you qualify for workers compensation permanent disability will depend on:

The type of injury you have sustained
How severe your injury is
Other factors, including what type of position you held, your education level, and whether other work is possible

Proving Permanent Disability

Permanent disability typically falls into several categories, and what you must do to prove such disability depends on the category into which your injury falls:

“Statutorial permanent disability” – If you can prove that you have lost both of your legs, feet, arms, hands, eyes, or if you have sustained a total, life-long loss of any of these parts, your injury may be classified as statutorial permanent disability. This means you can collect benefits, even if you can technically still work. So if for example you lost your leg in accident involving heavy machinery at your current job, you may still be able to work as a phone receptionist, but you can nonetheless collect permanent disability.

“Permanent and totally disabled” – Are you struggling with debilitating back or neck pain? Do you have severe problems with your legs? If your treating physician says that these are permanent disabilities that affect not only your ability to work but also your daily life, you may be rendered “permanently and totally disabled.” If this describes your situation, be prepared that your employer may have an independent medical study conducted to verify your personal physician’s findings.

“Odd-lot permanent total disability” – If you have very specific and life-long medical constraints, like you cannot lift over a certain amount of weight, or you must rest for a certain period of time for every few hours of work, then you may be categorized as having an odd-lot permanent total disability. You would likely undergo rehabilitation, during which time your therapist or some other medical professional would closely examine your skills and abilities. Based on their findings, as well as other factors including your age, life expectancy, etc, an appropriate job may be recommended for you. If no such position is available, the injury may mean you can collect permanent disability benefits.

Getting Help

When considering if you have any of these permanent disabilities it is important to get the help of a medical professional, and an attorney with experience in workers compensation matters. Your doctor can help prove your disability from the medical end while your lawyer helps you gather evidence and protect your rights from the legal end.

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