What Is The Definition of a Permanent Disability For Workers Compensation?

Workers compensation permanent disability is a term used to describe an individual's condition when he or she is injured on the job and is unable to perform tasks due to that injury. In order for the condition to be labeled as permanent disability, the injury must impair the individual physical and/or mentally. That person is unable to complete the tasks of his or her normal work because the injury occurred.

Defining Permanent Disability

In order for a person's condition to be considered permanent disability, several things must occur.

The individual must have been injured on the job, which means he or she was injured while performing work related tasks during work hours, hours that he or she is being paid for.
The individual is unable to perform the tasks previously able to perform, prior to the injury.
The injury is properly documented and reported to the appropriate worker's compensation authorities within the state.

Those injured to this degree should have medical documentation to substantiate their claim. That individual also needs to have proof that the injured occurred on the job. In most states, the worker's compensation board will determine if the individual should receive long term benefits because of the injury and the inability of the individual to work.

In addition to obtaining benefits for the injury from worker's compensation claims, individuals injured in such a way may be using the information to obtain general damages in a lawsuit. The individual may file a lawsuit, in some cases, against those responsible for the injury obtained, within the extent that the law allows in that state. It will be necessary to prove negligence or an intentional attack of one person to another in such a legal case.

The level of disability is dependent on the physical and mental handicaps or inabilities the individual has after an accident. It is the combination of the individual's information, doctor's medical records and the worker's compensation board's decision to determine what benefits the injured individual should receive. This is done through a claim filed through the worker's compensation board.

Hire An Attorney

When it comes to worker's compensation permanent disability claims, there are many instances in which a claim is voided or sent back because of missing or inaccurate information. To avoid this, hire an attorney for your case. An attorney will prove to the courts why you qualify for the label of permanent disability under your state's specific laws for worker's compensation claims.

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