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Permanent Total vs. Permanent Partial Disability

Published on April 21st, 2018

It’s likely the last thing you want (and expect) is to get injured in a work-related situation. Unfortunately, this is a reality that millions of people have to face on a daily basis. If you or a loved one has recently been injured while on the job, you’re probably wondering what you should do next. Our disability lawyers in Aurora can help you navigate the world of permanent versus partial disability.

Permanent Total Disability

If you’ve been completely disabled because of a work-related injury or illness and you can’t work in your previous field, this is considered permanent total disability.

Permanent Partial Disability

This type of disability is more common, as it makes up over 50 percent of claims. In these cases, workers can still function in their previous field, just not to the same capacity as they could before the injury.

The Four Structures

States vary on the way in which they structure disability benefits.

  • Judging the impairment: About 19 states use this approach. They give compensation based on the impairment itself and the degree to which the worker was injured.
  • Loss of earning capacity: Some states look at the trajectory of what the injured individual what have earned if the injury hadn’t taken place. Future earnings or losses aren’t considered.
  • Wage loss: Benefits are based on wages the person lost due to being unable to work. This is most common in temporary disability cases.
  • Bifurcated: This looks at the injury condition after the worker has stabilized and grants disability based on that.

Getting injured or developing a sickness while on the job can be devastating. If you want more information about obtaining disability, contact our disability lawyers in Aurora today.

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