What happens when – I can never work again because I was hurt on the job?

Workers injured on the job are entitled to payment of medical bills and money to pay living expenses (temporary total disability benefits), but only until they have healed up; reached medical stability. Just because an injured worker has “recovered”, doesn’t mean they are able to work. So, what happens when they have “recovered” and still can’t work?

This is a common question. An injured worker who can’t work may be permanently and totally disabled (PTD) and entitled to payment of medical bills and money for living expenses until they die. In other words, PTD benefits are lifetime benefits.

Lifetime Benefits

PTD cases are vigorously fought by insurers because lifetime benefits for the injured worker are very expensive. It is often unclear that an injured worker will be PTD when they are first injured. But, if the injured worker may be PTD, they should consult legal counsel as soon as possible. Insurance adjusters and employer representatives will try to manage the case to defeat any future PTD claim. So, if an injured worker is unrepresented early in a serious case, future PTD benefits may be compromised.

Examples of cases which may result in PTD are serious brain injuries and serious spinal injuries resulting in paralysis or another neurological dysfunction. However less severe work injuries can entitle an injured worker to PTD benefits when the work injury combined with the injured individuals lack of education or language skills or inability to learn prevents
them from working.

Keep in mind that an injury which is not totally disabling can combine with pre-existing medical or injury conditions, so the worker is unable to return to work. If the most recent injury is the most important cause of the workers inability to return to work, they may be entitled to PTD benefits.

Also, a worker who suffers an injury which prevents them from doing their normal work may be entitled to PTD benefits, even though they might be able to perform “odd lot” jobs.

Injured workers who may be PTD require representation by an experienced workers’ compensation attorney knowledgeable about the law of permanent total disability benefits. If you or a family member have been seriously injured and may be permanently and totally disabled, call the Law Offices of Elliott T. Dennis at 907-929-4890 or email
Elliott@attorneydennis.com or text 907-887-3420. We may be able to help.