Understanding Permanent Total Disability in Workers’ Compensation
What Is Permanent Total Disability (PTD)?
Permanent Total Disability (PTD) is for workers whose job injury or occupational disease prevents them from returning to any form of gainful employment. Under the D.C. Workers Compensation Act, Administrative Law Judges consider a worker’s education, skills, and abilities when deciding if PTD benefits are warranted. Workers compensation is designed to support injured employees during this challenging time.
Proving Permanent Work Injury
To receive PTD benefits, you must provide medical evidence that you can’t return to your previous job or any regular work. Your treating doctor must confirm you’re permanently disabled from your regular job. Often, employers and insurance companies will attempt vocational rehabilitation by hiring a counselor to find light-duty work for you. However, these efforts sometimes misrepresent your abilities and the job market, making it harder for workers with a permanent work injury to secure suitable employment.
Light-Duty Job vs. Heavy-Duty Job
Workers with heavy-duty jobs face more challenges after a permanent injury. If your work involved physical labor, transitioning to a light-duty job may not be realistic. Insurance companies often claim light-duty positions exist, but these may not match your physical limitations or skills. For many, a permanent injury means adjusting to a completely different career path.
How Permanent Total Disability Benefits Work
PTD benefits provide 66 2/3% of your average weekly wage at the time of injury. These benefits include:
- Annual cost of living increases
- Lifetime medical care for the work injury or disease
- No time limit on how long benefits last
Real-World Example: Permanent Injury After a Heavy-Duty Job
A university police officer suffered a severe wrist injury on the job, requiring two surgeries. With limited wrist use, she couldn’t return to her physically demanding role. Donahoe Kearney secured a workers compensation settlement to cover her lost wages and help her transition to a new career despite her permanent work injury.
Your Rights After a Serious Work Injury
If a permanent injury stops you from working, especially in physically demanding jobs, you might be eligible for PTD benefits. For example, a construction worker with a severe back injury may struggle to find work because of limited skills outside of physical labor. Workers compensation provides support for these injured employees, ensuring they receive the benefits they deserve.
Permanent Partial Disability (PPD) for Less Severe Injuries
If your injury allows you to return to work but with limitations, you may qualify for Permanent Partial Disability (PPD) benefits. A doctor must confirm you’ve reached Maximum Medical Improvement (MMI) and provide a disability rating. This process is critical in securing workers compensation benefits for your permanent injury.
Insurance Companies Will Fight Your Claim
Insurance companies often try to minimize or deny permanent injury claims. They may send you to their doctors, who could argue your injury isn’t work-related or is minor. That’s why it’s crucial to have an experienced workers’ compensation lawyer on your side to fight for your rights after a permanent work injury.
How Donahoe Kearney Can Help
Handling a permanent injury claim involves hearings, settlements, and strategic decisions. Donahoe Kearney is here to guide you through every step, ensuring you make the best decision for your health and family. Whether you’re dealing with a light-duty job offer or struggling after a heavy-duty job injury, we are here to help.
If you believe you have a permanent work injury, contact us today for a free consultation.