Wednesday, November 16, 2011

When an individual has been seriously injured in an accident in the workplace, he or she may be entitled to permanent disability benefits, depending on the type and severity of the injury and other factors. Permanent disability benefits are worker's compensation benefits for these individuals and there are three categories that the injured worker may fall into.The first category is statutorial permanent disability. If someone has lost both hands, both arms, both feet, both legs, both eyes, or the permanent and complete loss of the use of any of those body parts, such an injury would be classified as statutorial permanent disability, entitling the injured worker to benefits. Even if the individual is able to work after the injury, he or she can still receive these benefits. For example, if you lost both legs, or the use of them, but are able to continue in your job as a bookkeeper, you can still receive permanent disability benefits.The second category is permanently and totally disabled. If a medical doctor indicates that an individual has permanent restrictions such as severe back, neck or leg problems where movement is restricted and the individual is unable to do many normal activities of daily life, such an injury would be classified as permanent and totally disabled. So, after you see a doctor and he or she states what your permanent restrictions are, your employer's insurance company may ask you to undergo an independent medical examination to confirm that you are restricted in such a way.The third category is called odd-lot permanent total. If a medical doctor states that an individual has permanent medical restrictions (e.g. unable to lift over 20 pounds, must rest for 20 minutes every two hours, etc.), this could be classified as odd-lot permanent total. The individual would go through vocational rehabilitation where a vocational counselor interviews the individual and assesses his or her skills. Based on that assessment and other factors such as age, education, job history, life expectancy, language skills, etc., the counselor determines whether there is a stable job market for the person. If none exists, the injury is classified as odd-lot permanent total.After an injury of any kind, your first priority should be to obtain medical attention. Then, based on the type of injury you sustained, a worker's compensation attorney can assist you in obtaining permanent disability benefits.Some of the things you will consider with the help of your attorney will be whether to accept a lump sum settlement or ongoing weekly benefits. Factors affecting your decisions will include future medical expenses and legal costs.Depending on your injury, age, overall health and other factors, you and your attorney should work through a course of action that will best meet your goals.

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