Posted on Sunday, September 1st, 2024 at 9:00 am
When you suffer a work-related injury, you could obtain various workers’ compensation benefits, including payment of partial lost wages, medical expenses, and permanent disability. One type of benefit that injured workers often seek is compensation for a Permanent Partial Disability (PPD).
Understanding how permanent partial disability works is critical to receiving the full benefits you’re entitled to under Alabama law.
What Is Permanent Partial Disability?
Permanent Partial Disability is a type of workers’ compensation benefit employees are eligible to obtain when they suffer a permanent impairment to their body as a result of a work injury.
This type of disability can result from various workplace injuries or occupational illnesses. Common examples include:
- Lower Back Pain: Chronic pain that limits mobility or the ability to perform physical tasks.
- Carpal Tunnel Syndrome: Nerve damage that restricts hand movements and affects job performance.
- Loss of Function in a Limb: Partial loss of movement or strength in an arm or leg.
- Hearing Loss: Permanent hearing loss in one or both ears due to workplace noise exposure.
- Vision Impairment: Reduced vision resulting from a workplace accident or prolonged exposure to harmful conditions.
Permanent Partial Disability is significant because it acknowledges that even if you can return to work, your work injury has taken a permanent toll on your body. Your body will never be as completely well as it was prior to the injury. Workers in Birmingham and across Alabama can face considerable challenges when securing these benefits, making legal guidance essential.
How Are Permanent Partial Disability Benefits Determined?
PPD benefits are primarily “scheduled” losses. That means that Alabama’s law regarding workers’ compensation contains a list of body parts. Each body part corresponds with a specific number of weeks, representing a healthy body part. For example, under the law, an arm is worth 222 weeks of benefits.
PPD benefits are typically calculated based on the type and extent of your impairment. In Alabama and many other states, your doctor will conduct a physical or mental evaluation to determine your level of disability once you’ve reached Maximum Medical Improvement (MMI). MMI means that your condition is not expected to improve further with medical treatment.
The doctor assigns a permanent impairment rating that indicates the severity of your disability. This rating is usually expressed as a percentage, which is then used to calculate the amount of PPD benefits you’re entitled to receive.
In some cases, additional factors may affect the final disability rating, such as:
- The severity of your disability
- Your age and life expectancy
- Your pre-injury wages
- The cost of ongoing medical treatment
- Your ability to return to work in some capacity
Remember that accepting a settlement often means giving up your right to future medical benefits related to your injury. That’s why it’s crucial to consult an experienced workers’ compensation attorney before agreeing to any settlement offer.
Permanent Partial Disability Benefits
In Alabama, workers’ compensation benefits for permanent partial disabilities are calculated based on the body part affected and the severity of the disability. The state uses a schedule of injuries to determine the number of weeks for which benefits will be paid.
For example, the loss of a thumb might entitle you to 62 weeks of benefits, while losing an arm at the shoulder could result in 222 weeks of benefits. The weekly benefit amount is typically 66 2/3 percent of your average weekly wage, subject to state-mandated maximums.
Benefits are calculated based on your loss of earning capacity for injuries not listed on the schedule, such as back injuries. This considers factors such as your ability to return to your previous job or find other suitable employment.
Imagine that your average weekly wage is $600 and that your doctor assigned a 25 percent impairment rating to your arm after a work injury. An arm is worth 222 weeks on the schedule, and 25 percent of 222 is 55.5. To arrive at your PPD benefit, you would multiply two-thirds of your average weekly wage ($400 in this scenario) by 55.5 weeks, which would be your benefit. Four hundred dollars x 55.5 weeks = $22,200.
How to Qualify for Permanent Partial Disability Benefits
Qualifying for PPD benefits involves several key steps:
- Meet Workers’ Comp Eligibility Requirements: You must be classified as an employee and have a work-related injury.
- File a Workers’ Comp Claim: Notify your employer of your injury and promptly file a Workers’ Comp claim to protect your rights.
- Obtain Medical Treatment: Follow your state’s guidelines for getting medical care from an approved workers’ comp doctor. Continuing your treatment until you reach MMI is crucial in documenting your impairment accurately.
- Receive a Permanent Impairment Rating: Your doctor will evaluate your injury and provide a rating reflecting your permanent impairment level.
If you disagree with your doctor’s impairment rating, you may be able to request an Independent Medical Examination (IME) to get a second opinion. This can be a critical step if the insurance company tries to minimize your condition.
Challenges in Permanent Partial Disability Claims
Securing fair compensation for a permanent partial disability can be challenging. Common issues include:
- Disputes over the impairment or disability rating
- Disagreements about your ability to return to work
- Pressure from insurance companies to accept low settlement offers
- Complexity of calculating benefits for non-scheduled injuries
When it comes to permanent partial disability claims, having a skilled attorney on your side can make all the difference in the success of your claim. Let Farris, Riley & Pitt, LLP put our experience and dedication to work for you.
Why You Need Legal Representation
If you’ve suffered a work-related injury that’s resulted in a permanent partial disability, the experienced Birmingham workplace injury attorneys at Farris, Riley & Pitt, LLP are here to help. We understand the complexities of Alabama’s workers’ compensation laws and will fight tirelessly to help you receive the full benefits you deserve.
Our team will:
- Guide you through the process of filing a workers’ compensation claim
- Help you receive proper medical evaluations to accurately determine your disability rating
- Negotiate with insurance companies on your behalf
- If necessary, represent you in hearings or appeals to secure fair compensation
Don’t let a permanent partial disability derail your future. Call our law firm today at (205) 324-1212 or contact us online for a free consultation. We’ll review your case, explain your rights, and help you understand your options for securing the compensation you need to move forward after a workplace injury. Check our recent victories to know why you should trust us with your case.
