Right to Receive Workers' Comp Impairment or Permanent Total Disability Payments

Permanent disability workers' compensationIf you suffered a workplace injury or developed an occupational illness due to your job in the Daytona Beach area, it can be confusing to understand your rights to workers’ compensation benefits.

As an injured employee, you may be eligible for workers’ compensation benefits that include payment of your medical expenses and a portion of your lost wages while you're off work recovering.

 

If your injury or illness is serious enough, you may suffer a partial or total disability that limits the jobs you can perform—or prevents you from returning to work at all. In this situation, you may be entitled to additional workers’ compensation benefits.

Your Right to Benefits for Impairment or Permanent Total Disability

If you suffer a partial or total disability, you're entitled to payment of your medical expenses, and may be able to receive partial or total disability wage loss payments.

Your doctor evaluates you for a lasting medical condition or lost function—which is referred to as an impairment—when you reach your maximum medical improvement (MMI) or approximately six weeks before your Temporary Partial Disability benefits (TPD) are set to expire. Your MMI is the stage of medical treatment where you've recovered as much as possible. If it's determined that you have an impairment you may be entitled to one of these types of benefits:

  • Impairment Benefits (IB). If you sustained an impairment but are able to return to work in some capacity, you may be entitled to IB. A doctor uses an impairment schedule to establish your rating, which is stated as a percentage. If your rating is over 0 percent, it's determines how long you're entitled to IB payments. These benefits are generally 75 percent of the amount of Temporary Disability benefits, but could be reduced by 50 percent if you're earning the same wages as before your injury.
  • Permanent Total Disability Benefits. If your physician determines your injuries are severe enough that you cannot return to work at any job, you'll receive Permanent Total Disability benefits. The amount is the same as your TPD payments, and benefits continue until you reach age 75, or for your lifetime if you don't qualify for Social Security benefits. Some disabilities, such as the loss of a limb or a serious brain injury, may automatically qualify you for Permanent Total Disability benefits.
     

Navigating the workers’ compensation system in Florida can be overwhelming, and might be even more complicated if you suffer a partial or total disability.  Let our experienced workers’ compensation attorneys ensure that you receive all the benefits you deserve. Fill out the brief contact form on this page to schedule your free initial consultation and learn how we can assist you.