An Overview of the Workers’ Compensation Benefits for Temporary and Permanent Disability in PA
If you have been injured at work while performing job-related duties, then consider hiring our experienced workers’ compensation lawyer in PA to seek a full and fair compensation for the injuries incurred. Workers’ compensation in PA covers an injured employee’s necessary medical treatment, hospital services and even prescriptions.
However, if the accident at work has caused you a disability, then you are likely to qualify for disability benefits under the workers’ compensation law. However, qualifying for these benefits depends on what type of disability you have experienced and the severity of the injury. And that is what we’ll focus on in today’s post. We’ll walk you through the differences between temporary and permanent disability status to help you develop a good understanding about the benefits that you can qualify for in such a situation. Continue reading to learn more…
Types of Disability Benefits
Here are the four types of disability benefits:
Temporary Partial Disability Benefits
A partial injury is any type of injury that prevents a worker from performing their duties in full physical
capacity. Some common injuries that can lead to a partial disability claim include:
- Loss of vision
- Carpal tunnel
- Back damage
- Nerve damage
- Hearing loss
When an employee is injured at work in PA, they are typically entitled to receive workers’ compensation until they resume their original work position. Temporary partial disability is a wage loss benefit that is payable to only those workers who return to work after the injury, but happen to earn less than their pre-injury gross weekly wage.
This benefit is payable at 2/3 of the difference between what the worker earned before the injury occurred and their current earnings. This benefit is only payable if the worker is employed. Furthermore, the employer will choose an independent doctor who will assess the employee’s injuries and determine when the injured worker is healthy enough to resume work. You will be eligible for temporary partial disability benefits if assigned a lower paying job than before.
Permanent Partial Disability Benefits
Under the workers’ compensation law in Pennsylvania, an employee who is permanently disabled because of the injury caused during work is eligible for workers’ compensation benefits. However, the amount depends on the extent of the injuries and functional loss.
if a doctor determines that the employee is less than 50% impaired according to the standards of AMA (American Medical Association), then their injury shall be classified as partial disability. The key difference between temporary partial disability and permanent partial disability is that the worker receives PPD benefits if they have a permanent impairment due to the work-related injury. The doctor will give them a rating when they reach maximum medical improvement.
In a temporary partial disability, the amount received in benefits is likely to change on a weekly basis, but the amount for permanent partial disability will remain the same.
Temporary Total Disability Benefits
Temporary total disability benefits can last indefinitely beginning one week from the date you were last able to work. This is based on the percentage of your average weekly wage up to a specified maximum amount. The doctor needs to determine that you are at least 50 percent impaired. PA workers’ compensation law grants eligible employees 2/3 of their average weekly wage for up to 500 weeks, if they experience total disability. However, the benefits shall be terminated when the worker is released to resume work or if they achieve maximum medical improvement.
Furthermore, the employer in PA may also require the employee to undergo a thorough medical examination after the span of 104 weeks in order to determine whether the worker is still 50 percent impaired. If the threshold is not met, then the worker’s status as well as their benefits shall be changed to partial disability.
Permanent Total Disability Benefits
If the injured employee is unable to return to work or perform any type of gainful employment then they hall be entitled to receive weekly benefits. These benefits shall last for as long as the employee is considered totally disabled and unable to work. Here it is important to work with an experienced workers’ compensation lawyer in PA as the lawyer can help you determine whether or not you should receive these benefits in weekly payments or in a lump sum. This is because there are advantages and disadvantages of accepting a lump sum payment, and only an experienced lawyer can help you explore your options.
Permanent disability benefits can result in compensation for lost wages and additional damages for issues like lost earning capacity and loss of future earnings.
Benefits of Hiring a Workers’ Compensation Lawyer in PA
After you suffer from work related injuries, it is important to hire a workers’ compensation lawyer in PA right away without any delay. This helps because obtaining a full and fair compensation is rarely easy especially if you are struggling for it on your own with no legal experience or understanding about your rights.
Furthermore, insurance companies will always try to lower or in some cases even deny your claim. However, if you are represented b y an attorney during the negotiation process it can become difficult for the insurer to use stealthy tactics and get away with what you deserve.
So, schedule your consultation with our experienced attorney today for free and discuss your case with us. We’ll fight your case aggressively and get you the compensation that you’re entitled for in a timely manner.