Workers’ Compensation For Workers With Permanent Disabilities

You Have Rights As A Worker. I Will Help Protect Them.
Denis ZilberbergAugust 16, 2017Employment Law

Workers’ compensation is not and never was intended to provide permanent benefits. It is designed to provide a stop-gap measure for workers who are injured on the job and unable to work. Workers’ compensation is essentially wage replacement, not welfare or unemployment benefits. For workers who are permanently injured and either unable to return to work or work in the same job, they must apply for permanent disability benefits. This post will go over the requirements to get permanent disability benefits.

These benefits will replace your wages whether they are lost or reduced. If you apply for benefits because you cannot get the same job due to your injury, you must show that you are not earning the same income as you would have but for your injury.

To obtain permanent disability benefits, you must submit a “permanent and stationary” report (or “P&S”). You can obtain a P&S from your doctor.

Your doctor will run you through a series of questions and draft the report. When he or she is done, they will submit it to the claims administrator on your behalf.

Your doctor will address several issues. first, he will go over your specific medical problems and how they affect your freedom of movement. He will specifically note what you are unable to do or your reduced capabilities. The doctor will then connect that with your job and note specific tasks that you would be unable to complete due to your injuries. For example if you suffered a back injury and you work in a warehouse, the doctor would note that you are unable to lift heavy objects due to your injuries.

The doctor then go over the likelihood of your ability to recovery and, if yes, when you will recover. The doctor will also elaborate on the medical treatments and therapies you will need as you work through your injuries.

Finally, your doctor will elaborate on the likely causes of your injury. Specifically, your doctor will note the amount of your injury related to personal and professional causes.

If you were injured while at work then you may want to speak to an employment law attorney. As you can see, this is a multi-step process. You will need to submit a workers’ compensation claim, possibly permanent disability and other benefits.



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