Paralysis, traumatic brain injuries, and permanent total disability – Understanding your workers’ compensation benefits
Sometimes a work injury is so severe that it renders someone permanently unable to work. This life-altering event is overwhelming for those experiencing it. Reinhardt | Harper | Davis has built a reputation for helping workers across Virginia with their permanent total disability (PTD) cases. We help our clients understand their rights and fight for the maximum benefits available, to ensure the brightest future possible.
What is permanent total disability?
Permanent total disability (PTD) is a category of benefits that falls under Code Section 65.2-503 of the Workers’ Compensation Act. Certain qualifying injuries are considered so severe that a worker is rendered unable to participate in any form of gainful employment for the remainder of their lives. Because continuing to work may no longer be an option, workers may be able to attain lifetime medical benefits and lifetime workers’ compensation checks through the Virginia workers’ compensation system.
Do I qualify for permanent total disability benefits?
The Virginia Workers’ Compensation Act lays out a particular set of requirements in order for injured workers to qualify for permanent total disability benefits. Simply being unable to work on a permanent basis is not enough to qualify an injured worker for lifetime workers’ compensation checks. In order to qualify for permanent total disability benefits (a lifetime workers’ compensation check), the claimant must be able to prove:
- The permanent loss of the ability to use two or more limbs in gainful employment
- An injury that results in total paralysis
- An injury to the brain that is so severe that the claimant is rendered permanently unemployable for gainful employment
What kind of financial support do permanent total disability benefits include?
While most workers’ compensation cases carry a maximum of 500 weeks for wage replacement benefits, permanent total disability benefits can allow claimants to receive lost wages benefits through an injured worker’s lifetime.
What if my PTD requires medical attention for the rest of my life?
For any medical conditions directly related to the work injury, but are deemed compensable by the Virginia Workers’ Compensation Commission, the injured workers could receive a lifetime of medical treatment.
If I don’t qualify for permanent total disability, do I have other options?
Permanent total disability contains the most robust set of benefits for injured workers, but it isn’t the only option. A skilled workers’ compensation attorney can provide a detailed breakdown for your unique case. Other types of benefits in Virginia include:
- Temporary total disability (TTD): This benefit covers injured workers who cannot work at all, and workers who are on light-duty restrictions but are not working at the time. They can receive up to 2/3 of their average weekly wage (AWW) until they can return to work in some capacity. This benefit can extend up to, but not exceed 500 weeks.
- Temporary partial disability (TPD): These are claimants who can only work in a restricted/light-duty capacity and are earning less than their pre-injury average weekly wage. They are entitled to 2/3 of the difference between what they earned in their pre-injury employment and what they are earning doing light-duty work.
- Permanent partial disability (PPD): Once you have reached maximum improvement and the doctor has indicated that you have permanent impairment to a limb, your vision, your hearing, or you have permanent scarring and disfigurement, you may be entitled to additional compensation for these injuries.
- Medical benefits: Whether or not you receive any wage loss benefits, if your case is deemed compensable by the Virginia Workers’ Compensation Commission, your employer and insurance company must provide you with reasonable medically necessary treatment that is causally related to the injuries received in the work accident. This includes, but is not limited to:
- Hospital visits
- Doctor visits
- Prescriptions
- Physical therapy
- Death Benefits: In the unfortunate event that the work injury is fatal, Virginia law provides coverage for qualified dependents of the decedent. They can receive:
- 2/3 of the decedent’s pre-injury average weekly wage for up to a maximum of 500 weeks
- In addition, they can receive up to $10,000 for funeral, burial, or cremation expenses
- Up to $1,000 in transportation costs (for the decedent)
For TTD and TPD:
- No wage replacement benefits (indemnity compensation) is payable for the first 7 days you are out of work. If your disability continues for longer than 21 days, then the insurance carrier and the defendant are responsible for making up the first seven days as well.
- You’re entitled to ongoing indemnity status ends when you return to work, or when your doctor releases you back to full duty. If you return to work making less than you did pre-injury, you may be entitled to temporary partial indemnity wage loss, which equals 2/3 of the difference between your new light-duty job and pre-injury employment wages.
Do I need a lawyer for my permanent total disability case?
Considering the lifelong ramifications of PTD and the effect it will have on you and your loved ones, plus the myriad nuances associated with each unique case, it is incredibly beneficial to hire an experienced workers’ compensation attorney. They can guide you through your journey in the following ways:
- Navigate the complex workers’ compensation system in Virginia, ensuring that you take full advantage of the benefits you are entitled to
- Collect and present the evidence needed to secure the strongest case possible, including medical records, witness statements, work history, and expert testimony
- Negotiate with your employer and insurer to fight for your benefits – not their bottom line
- Educate you on how your workers’ compensation benefits can be combined or interact with other potential benefits, maximizing your recovery
- Advocate for your long-term financial, physical, and mental health – not locking in a quick and inadequate settlement
Reinhardt | Harper | Davis has over 100 years of combined experience helping injured workers navigate Virginia’s workers’ compensation system. Permanent total disability cases require decisions that will affect the rest of an injured worker’s life, and we provide thorough, compassionate care throughout your journey. If you or a loved one have been injured and disabled in a workplace accident, call Reinhardt | Harper | Davis today for a free case evaluation at 800-884-9507. You are not alone.