Human Body

If your work-related injury prevents you from returning to full or part time employment, you would be considered permanently and totally disabled. In the Workers’ Compensation Act, permanent and total disability is defined in only 14 words: “… the employee is unable to earn any wages in the same or other employment.”

What You Need to Know About Permanent Total Disability

  • If you are permanently and totally disabled, you may be entitled to lifetime Workers’ Compensation benefits. The weekly amount of these benefits is the same as you would receive for temporary total disability benefits. This benefit amount remains the same throughout your lifetime. However, Social Security Disability and pension payments may reduce your Workers’ Compensation benefits.
  • Employers and their insurance companies are very reluctant to admit that an injured worker is permanently and totally disabled.
  • The evidence required to prove a permanent total disability claim is very complex. Expert testimony is required. A vocational expert and a functional capacities evaluator must be retained on your behalf.
  • There are settlement options if you are permanently and totally disabled. An attorney can explain these options to you, which may include an annuity, a structured settlement, equal periodic payments, or a cash settlement.

Will my future medical care be paid by the insurance company when I reach Maximum Medical Improvement?

If a health care provider who rates you recommends that your medical care continue after you are rated and released, your medical care can continue.

Examples of the need for continued medical care include a continuing need for:

  • Prescription medication
  • Physical therapy
  • Health care provider visits
  • Future surgery
  • Gym membership
  • Medical supplies such as special braces and artificial limbs
John M. Connell

John M. Connell

Mr. Connell is a respected and experienced lawyer with more than 29 years of experience in the field, and has successfully handled thousands of claims on behalf of his clients.

Leave a Reply

Subscribe

Get the latest workers' compensation-related updates via email:

Do you have a case?

Click here to find out

Colorado lawyers

Burg Simpson Eldredge Hersh & Jardine, P.C. is a law firm serving the entire country. The law firm has offices in Denver, Colorado; Steamboat Springs, Colorado; Cincinnati, Ohio; Cody, Wyoming; and Phoenix, Arizona. The firm is responsible for the content on the website. This information is not to be interpreted as providing legal services, nor as proposing any form of legal advice. All content Copyright 2014 © Burg Simpson Eldredge Hersh & Jardine, P.C. Privacy Policy