Workers’ Compensation: Permanent Disability Settlement Qualifications

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.

The degree of disability percentage given to you by the medical professional in charge of your care determines the compensation rate you will receive. A 100% disability percentage would certainly warrant a sizable compensation package, but smaller percentages are also allotted restitution for the hardship that you’ve endured. Generally, individuals who qualify for permanent disability can expect to recover:

• Medical expenses, including medications and equipment
• Lost wages
• Vocational rehabilitation expenses
• Permanent disability benefits

The insurance company could dispute the legitimacy of your disability by disagreeing with your doctor’s disability percentage or they could attempt to diminish your benefits for their own financial gain. Unfortunately, this unethical behavior is common, as insurance companies will do anything within their power to minimize your payout. But, with the help of Morgan & Morgan, you can fight for your full and fair compensation.

In the most difficult moments of your life, Morgan & Morgan has your back. The insurance company could assume you’re in a vulnerable position due to your situation. Our firm can advocate for you and prevent an immoral organization from taking advantage of you.

You may be thinking your legal options are limited due to your financial situation, but when you team up with Morgan & Morgan, it costs you nothing out-of-pocket. We strongly believe that everyone should be able to afford comprehensive representation after a traumatic incident in their lives, so we take our fee out of the favorable settlement or jury award, never out of your own pocket, to ease some of the stress of your expenses. 

With over 1,000 attorneys and an extensive network of team members around the nation, Morgan & Morgan has the resources to give your case the attention it deserves. We try more cases than any other personal injury firm and have recovered over $20 billion in the process. We treat our clients like family, and we’ll never settle for less than you deserve.

Fill out a free, no-obligation case evaluation to get started.