Permanent Partial Disability Benefits
If you sustain some permanent physical loss of a body part or your entire body, contact the attorneys at The Davis Law Group, P.C., to ensure you are adequately compensated for your loss. PPD is defined as (1) complete or partial loss of use of a part of the body, or (2) complete or partial loss of a part of the body or (3) partial loss of use of the body as a whole. Loss of use refers to the employee’s inability to do things he could do before the injury. Whether you receive permanent partial disability (“PPD”) benefits is determined once you have reached “medical maximum improvement.”
Depending on the date of injury, certain factors will be used in determining the level of physical impairment and the effect of your disability. If you were injured before September 1, 2011, the factors considered include—but are not limited to—your age, skill, occupation, training, inability to perform or participate in certain kids of activities, pain, stiffness, and limitation of motion. If you were injured after September 1, 2011, the factors considered are an impairment report prepared by a physician, your occupation, age at the time of the injury, future earning capacity, and evidence of your disability corroborated by relevant medical records.
There are various types of PPD benefits that you may receive for your injury. You may be entitled to receive a wage differential if you have a job post-injury that pays less than your job pre-injury. The difference in the amount you are earning in your new job as compared to your old job is multiplied by 66 2/3%. If your injury occurred before September 1, 2011, you will be paid for life. If you injury occurred after September 1, 2011, you will be paid for five years after the date of the award, or until age 67, whichever is later. You may be compensated for either loss of wages or permanent disability, but not both.
The benefits you receive will also depend on whether your condition is listed on the schedule of injuries. The Commission provides a set value for each body part injured, expressed as a number of weeks for which compensation may be received. If your injury is an amputation or your body part is unusable, you will receive compensation for the full number of weeks. If it is only partial loss, the percentage of loss will be multiplied by the number of weeks. The number of weeks determined is then multiplied by 60% of the employee’s average weekly wage.
If no value is provided for your condition, you may be entitled to a percentage of 500 weeks of compensation. The percentage is based on the loss of the person as a whole. The number of weeks is then multiplied by 60% of your average weekly wage.
If you suffer a serious and permanent disfigurement, you may be entitled to up to 162 weeks of PPD benefits. The number of weeks is multiplied by 60% of the employer’s average weekly wage.
Contact the attorneys at The Davis Law Group P.C. if you have a workers’ compensation claim. We are here to help navigate the often overwhelming and complicated process of getting you the compensation you deserve.