What is Total Permanent Disability? – Examples of Permanent Disability

If you sustained an injury while working on-the-job, you may qualify for workers’ compensation depending on your injury’s severity. There are four different types of workers’ comp you may qualify for, one of them being total permanent disability (TPD).

Permanent total disability benefits only occur if your injury lasts throughout your whole life, despite healing to its maximum ability. Some examples of permanent disability include:

• Loss of limbs, vision, or hearing
• Paralysis
• Permanent burns
• Debilitating illnesses, and so on.

TPD can occur during accidents at work, like a car accident that develops into a traumatic brain injury. Another accidental cause for TPD can be loss of hearing caused by loud machinery at work.

There are different types of total permanent disability and you shouldn’t suffer alone.  If you sustained a total permanent disability from a work injury, speak with a workers’ comp attorney to qualify for compensation.

How to Qualify for Total Permanent Disability

To qualify for total permanent disability, you must prove the following facts about your injury:

• Your injury reached its maximum medical improvement
• You cannot work or reach substantial gainful employment due to your injury, warranting a total disability rating
• The effects of your injury will last more than two years, up to one’s whole life.

“Permanence of total disability will be taken to exist when such impairment is reasonably certain to continue throughout the life of the disabled person.”

–38 CFR 3.340

Those who qualify for total and permanent disability typically receive a weekly check for their whole lives. Their TPD benefits amount to two-thirds of their pre-injury weekly wages.

Total permanent disability can occur in workplace accidents, auto accidents, or any personal injury that wasn’t your fault. Every case would be different so you would have to file a claim depending on the type of accident that caused your TPD.

Sometimes, acquiring workers’ compensation isn’t enough. In that case, you can apply and qualify for SSDI benefits to maximize the coverage for your injury.

SSDI Benefits From a Work Injury

To qualify for total permanent disability and receive Social Security Disability Insurance benefits, the individual must have a severe and long-lasting condition. These conditions are:

• The injury must last a year or more, or be terminal.
• You cannot work due to your severely impaired condition. You cannot engage in substantial gainful activity (SGA) and earn on average more than $1,550 in 2024 ($2,590 if you’re blind) a month.
• Your condition must be included in the SSA impairment list or prove the severity of your unlisted condition to qualify for benefits.
• If your total permanent disability restricts you from working at your previous job, but you can work at other types of jobs, you don’t have a qualifying disability and your claim may be denied.

Keep in mind that your TPD benefits may limit the amount you’ll receive from SSDI if you receive both entitlements at the same time. Even so, it’s best to consult with a social security attorney if you plan to apply for SSDI or SSI while on workers’ comp.

What is Maximum Medical Improvement?

Maximum medical improvement (MMI) refers to when a condition stabilizes and may unlikely improve with or without medical help.

In personal injury, MMI is determined by doctors seeing if ongoing care is necessary before finalizing the total settlement agreement.

In workers’ comp, MMI is defined when a qualified medical examiner (QME), sometimes provided by your employer, decides the point where no further healing is possible. You’re then issued a disability rating based on the following injury factors:

• The nature of your work which caused the injury
• Severity of injury sustained
• Amount of medical treatment required for your injury

These QME examinations are key to determining whether you qualify for total permanent disability benefits. If you disagree with the results of your QME examination, know that disability ratings are often negotiable.

You can call for a reevaluation if you disagree with the results of your workers’ comp case. You can even choose to receive a final heavy sum of money instead of monthly benefits.

Throughout the examination process or a reevaluation, you may need a workers’ comp attorney to analyze your case.

What is Considered a Permanent Disability?

One may think working in dangerous work environments such as construction workers, factory workers, farmers, etc., may have a high risk of permanent total disability. However, that doesn’t exclude office jobs or heavy commuting jobs which could be prone to permanent disability.

Any work injury that permanently prohibits someone from working is considered a permanent disability. This runs in contrast to permanent partial disability, where the injury may last for more than two years, but you can still work other jobs while disabled.

Some examples of injuries or illnesses considered a permanent disability ranges from:

• Post-traumatic stress disorder
• Amputation
• Burns and Paralysis
• Back injuries
• Traumatic brain injury
• Cardiovascular or respiratory diseases
• Nerve damage
• Cancer
• Musculoskeletal disorders
• Carpal tunnel syndrome

Filing a workers’ comp claim may help you find compensation for your injuries that lead to permanent disability. File workers’ comp claim as soon as possible before the 90-day rule ends, prohibiting you from filing your case.

What is ‘Permanent and Stationary’ in Workers’ Comp?

Permanent and stationary in workers’ comp is when your medical condition does not improve further than it already has and stays constant. This refers to a point in time when maximum medical improvement has been reached.

Your primary treating physician or doctor writes a P&S report that describes:

• Detailed medical problems include how much you can move and how much pain you feel.
• Limits to how much you can work, also called work restrictions.
• Medical treatment you may need in the future for your injuries or illnesses.
• An estimate of how much your job causes your disability compared to how much other factors cause it.

Your primary physician would send the P&S report to the claims administrator, affecting your future benefits. You have a right to receive a copy of it, and you may also ask your doctor to clarify the details.

How are Total Permanent Disability Benefits Calculated?

Total permanent disability benefits are calculated according to three categories—your disability rating, your wages at the time of injury, and the date you were injured.

Your weekly permanent disability compensation equals two-thirds of your average weekly wage (AWW) at the time of your injury.

To find out how much you may receive from TPD benefits, take your weekly earnings for the past 52 weeks of work, and multiply it by two-thirds (66.67%). Your weekly benefit amount shouldn’t be over 100% of the state’s average weekly wage.

Can I Dispute My Impairment Rating?

Yes, you may dispute your impairment rating if you disagree with the reports done by a doctor, judge, or insurance company.

For judges and insurance companies, you should gather evidence proving your severe impairment. Examples may be medical documents or having another doctor give you a P&S report or medical analysis. You can find a lawyer to help you appeal or guide you through the process.

If you disagree with your doctor or physician’s rating, you may file a form to request an administrative review. You must file for an administrative review within 30 days of receiving your disability rating.

How Long Does Total Permanent Disability Last?

Total permanent disability is determined if your medical condition lasts at least a year or more and may continue throughout a person’s life. Your permanent disability often lasts if there is no change or improvement from your injury, determined by the MMI.

Talk to a Workers’ Comp Attorney Through LegalASAP

There are several potential mistakes that can happen after a work injury that can derail a total permanent disability claim. Failing to report previous injuries or gathering evidence commonly hurts one’s chances of receiving proper workers’ comp benefits.

Talk to a workers’ comp lawyer who can help you navigate through the legal process after a workplace injury. LegalASAP has over 500+ firms across the United States with thousands of experienced attorneys who may help you within your state.

Fill out this quick evaluation form and see if you qualify for a claim. For questions or inquiries that cannot wait, you may call our hotline at 888-927-3080.