Permanent Partial Or Total Disability

Home > Workers’ Compensation > Permanent Partial Or Total Disability

Permanent Partial Or Total Disability

New York workers’ compensation laws classify disabling work injures as temporary or permanent and partial or total. For temporary disability, an injured worker will receive benefits only until he or she is able to return to work. For permanent disability, a judge decides your benefits after your doctor has determined that you have reached maximum medical improvement.

Payments For Permanent Partial Disability

A classification of permanent partial disability reflects a worker whose recovery was not total. There are two types of benefits in this case, depending on the affected area of the body: schedule loss of use and nonschedule. Compensation is offered because the injured worker’s wage-earning capacity has been permanently reduced. However, both limit payments to a certain number of weeks, with the possible exception of nonschedule awards for injuries that occurred before March 13, 2007.

Payments For Permanent Total Disability

In contrast, a worker classified with a permanent total disability has permanently and totally lost his or her wage-earning capacity. Weekly benefits are unlimited in this situation.

Get A Second Opinion After Your Independent Medical Evaluation

Your employer’s insurance company likely will provide its own medical consultants to evaluate your functionality. They will then rely on those reports to evaluate your wage-earning capacity. Unfortunately, such independent medical recommendations are seldom in your best interest or as independent as their name would suggest. Indeed, financial savings often seem to be an insurance carrier’s bottom line.

It is important to remember that you have the right to a second medical opinion. Our law office works with a team of medical professionals. We will request a separate medical evaluation to determine the extent of your injury and evaluate your functionality. We will take the time to listen to you and work with your doctors. We want your input on whether you are suited for lighter job duties or alternative work assignments.

Additional Sources Of Compensation

Finally, our comprehensive practice includes seeking all sources of assistance for permanent disabilities. Consequently, we can help you petition for Social Security Disability benefits if your doctor estimates that your injury will prevent you from working for a year or more.

Contact Our Workers’ Compensation Team

To learn more about your benefit options for permanent partial or total disability, contact the law offices of Terry Katz & Associates, PC, online or call 888-488-7459 for a free initial consultation.



What Disabilities Are Covered Under Workers’ Comp Laws?

Getting injured on the job can equal a devastating loss of ability to generate regular income. It often carries with ...

How Does The Workers’ Compensation Board Hearing Process Work?

After an employee files a workers' compensation insurance claim, the insurance carrier decides if they are accepting or contesting the ...

Sanitation Is The Fourth Most Dangerous Job

When people think of dangerous jobs, they think of firefighters, construction crews working on high rises and other occupations that ...

Does returning to work impact Workers’ Compensation benefits?

Suffering an injury in a workplace accident is usually an unexpected incident. While most employees are aware of the potential ...

Obtaining the Workers’ Compensation benefits you need

Being injured on the job is often an unexpected event. This type of incident not only catches a worker off ...

New York attorneys help those seeking Workers’ Compensation

Just about any worker in New York can be injured on the job. Some jobs, such as those in the ...

Who is an employee for Workers’ Compensation purposes?

Being injured on the job can take its toll, physically, mentally and financially. For these reasons, those who are considered ...

The ins and outs of Workers’ Compensation

If you've been injured in the workplace, you may be entitled to benefits for your injuries. In addition to state ...

How can a brain injury affect a victim?

As we turn to fall and the National Football League begins its season, it is inevitable at one point discussions ...

Understanding the basics of Workers’ Compensation

Unfortunately, it is not uncommon for workers to get injured in the workplace. Whether it is due to dangerous working ...

Questions remain following crane accident on Tappan Zee Bridge

On Tuesday, July 19, a crane used during construction of the new Tappan Zee Bridge collapsed across the existing bridge, ...

Request A Free Lawyer Consultation

Please Complete The Form Below Or For Immediate Assistance Call 888-488-7459

Bronx    Brooklyn   Queens   Manhattan   Staten Island   Long Island  Nassau County  Suffolk County