Navigating Permanent Disability Benefits in Workers' Compensation
When an injury results in a disability that affects your ability to return to work, it's essential to understand the permanent disability benefits available through Workers’ Comp. In Louisiana, these benefits can provide crucial financial assistance, but they can also be complicated to access without the right support.
At the Law Office of Bruce C. Betzer, located in Metairie, Louisiana, we recognize that workers' compensation cases can be overwhelming, especially when dealing with the long-term consequences of a permanent disability.
What Is Workers’ Comp?
Workers’ compensation is a program designed to support employees who suffer from work-related injuries or illnesses. In Louisiana, Workers’ Comp provides benefits for medical treatment, lost wages, and compensation for permanent disabilities.
When a worker is unable to return to work due to a permanent injury, they may be eligible for permanent disability benefits. These benefits are critical for those who find themselves facing a lifelong inability to work or perform the duties they once did.
Types of Permanent Disability Benefits in Workers' Comp
In Louisiana, Workers’ Comp provides two primary types of permanent disability benefits: permanent partial disability (PPD) and permanent total disability (PTD). Understanding these two classifications is essential in determining which benefits you’re entitled to.
Permanent Partial Disability (PPD)
Permanent partial disability occurs when an injury doesn’t fully prevent an individual from working, but it results in a permanent impairment. This could be a loss of use in a limb or a reduced capacity to perform certain tasks. Even if the worker can still engage in some form of employment, the disability affects their earning potential.
Permanent partial disability benefits can include:
Loss of wages: Compensation for the difference between pre-injury wages and the wages you’re able to earn after your injury.
Medical costs: Coverage for ongoing medical treatment related to the injury.
Vocational rehabilitation: Assistance with retraining for a different type of job if necessary.
To increase your chances of securing these benefits, secure help from an attorney.
Permanent Total Disability (PTD)
Permanent total disability applies when the injury is so severe that the worker can no longer perform any substantial gainful employment. Workers who suffer a permanent total disability often face a lifetime of financial instability without the support of Workers’ Comp benefits.
Permanent total disability benefits typically cover:
Wage replacement: Full replacement of lost wages, often at a percentage of the worker’s average weekly wage before the injury.
Lifetime medical treatment: Coverage for all necessary medical care related to the injury for the rest of the worker’s life.
Additional benefits: In some cases, workers may be eligible for supplemental income benefits (SIBs) if they can’t find suitable employment.
To increase your chances of securing these benefits, secure help from an attorney.
How Louisiana Determines Permanent Disability Benefits
The process of determining your eligibility for permanent disability benefits involves several factors. Louisiana Workers' Compensation law considers both the severity of the injury and its long-term effects on your ability to work. It’s important to gather all the necessary documentation and medical evidence to support your claim.
Medical Evaluation
Your treating physician will play a critical role in determining the extent of your disability. They’ll evaluate your injury and provide a medical opinion on your condition, which will be used to assess your eligibility for permanent disability benefits. The doctor will also give a rating for the impairment, which is used to calculate the amount of compensation you’ll receive.
Functional Capacity Evaluation
In some cases, you may be asked to undergo a functional capacity evaluation (FCE) to assess how well you can perform certain physical tasks.
This evaluation is an essential part of determining whether your injury has resulted in permanent partial or total disability. It helps to establish whether you can return to your previous job or if you need vocational training to pursue different employment.
Factors Affecting Your Permanent Disability Claim
There are several factors that can affect the outcome of your permanent disability claim under Workers' Comp. Understanding these factors can help you strengthen your case and improve your chances of receiving benefits.
Severity of the injury: The more severe the injury, the more likely it is to result in permanent disability.
Medical treatment history: The extent and duration of your medical treatment will affect the outcome of your claim.
Age and occupation: Older workers or those with physically demanding jobs may have a harder time returning to work, which could increase their eligibility for PTD benefits.
Pre-existing conditions: If you had a prior injury or health issue that was aggravated by the work-related injury, this could impact your benefits.
If you have questions about these factors, your attorney can help.
Steps to Take When Applying for Permanent Disability Benefits
The process of applying for permanent disability benefits through Workers’ Comp can be lengthy and requires attention to detail. Here’s what you should expect.
1. Report the Injury to Your Employer
As soon as you sustain an injury at work, report it to your employer. Louisiana law requires that you report work-related injuries within 30 days to make sure you’re eligible for Workers’ Comp benefits.
2. Seek Medical Treatment
Visit a doctor as soon as possible to get the proper medical care for your injury. Keep detailed records of all your appointments, diagnoses, and treatments. These records will be essential in proving the severity of your injury and the permanent effects on your ability to work.
3. File a Workers’ Comp Claim
Once your injury has been evaluated, you’ll need to file a formal claim with your employer’s insurance company. If your employer’s insurer denies your claim or offers insufficient benefits, we can help you pursue a more appropriate settlement or litigation.
4. Work With an Experienced Workers’ Comp Lawyer
The legal process of obtaining permanent disability benefits can be challenging, and insurance companies may try to minimize your benefits. Having a knowledgeable Workers’ Comp lawyer on your side can help you traverse this complicated process and fight for compensation.
Workers' Comp Appeal Process
If your claim for permanent disability benefits is denied or you feel the benefits offered are inadequate, you have the right to appeal. Louisiana Workers' Comp law provides a process for appealing decisions made by insurers, and you can request a hearing before the Louisiana Workforce Commission (LWC).
Steps in the appeal process:
File a dispute: If your claim is denied, you can file a dispute with the LWC. This process involves presenting evidence to support your case.
Attend a hearing: After filing your dispute, you’ll be given a date for a hearing before a Workers’ Compensation judge. Both parties (you and the insurance company) will present evidence, and the judge will make a ruling.
Appeal the decision: If you’re dissatisfied with the ruling, you can appeal it to the Louisiana Court of Appeal. This is the final step in challenging a denied claim or insufficient benefits.
If you have questions about this process, your attorney can help.
Protecting Your Rights Throughout the Process
Workers’ Comp claims can be complicated, and without the right legal guidance, you may find yourself facing challenges in securing your benefits. At the Law Office of Bruce C. Betzer, we’re committed to helping workers in Metairie and surrounding areas.
If your permanent disability claim is denied or if you’re unsure about your eligibility for benefits, we’re here to help. We’ll work with you to make sure that your rights are protected and that you receive compensation for your injuries.
Contact Us Today
If you’re dealing with a permanent disability due to a work injury and need help securing your Workers’ Comp benefits, reach out to us at the Law Office of Bruce C. Betzer. Located in Metairie, Louisiana, we serve Chalmette, New Orleans, Jefferson Parish, and St. Tammany Parish. Let us fight for your rights. Give our firm a call today.