Never Returned to Work after an Injury? Don't Give Up a Lifetime of Disability Benefits

A work injury is never a welcome event, but most people usually heal well enough to go back to work. Sometimes, though, a person's injuries are so catastrophic or painful that they cannot do regular, paid work again. In Vermont, a worker who finds themselves in this situation may be able to get permanent wage replacement benefits for the rest of their life. 

What is Permanent Disability?

When an injured worker with an accepted Vermont workers’ compensation claim reaches “medical end result,” a point where they are unlikely to get significantly better regardless of treatment, they should undergo a permanency evaluation by a qualified doctor. 

This permanency rating will determine whether they have any permanent impairment from the injury, and a permanent impairment means a cash payout for the permanent injury. For instance, if the worker has limited range of motion in their neck or back or shoulder now, they will likely have permanent impairment and be entitled to a payment for that. 

The doctor assigns an impairment rating based on set medical guidelines in the AMA Guides to Permanent Impairment, 5th Edition. If the worker is given a permanent partial disability (PPD) rating, they will be entitled to weekly compensation checks in proportion to their impairment rating. Or if they prefer, this weekly PPD payment may also be paid in a lump sum all at once.

Both the injured worker and the workers’ compensation insurer have the right to ask a qualified doctor to do an impairment rating. The insurer must pay for both examinations. It is very important to get a fair and accurate permanency evaluation, since a low rating can mean that the injured worker loses thousands of dollars in permanency benefits.

A Settlement Doesn’t Necessarily Mean Your Case is Closed

Workers who get a lump-sum PPD payment often believe that their workers’ compensation claim is then closed or “settled.” This is typically not true. 

A permanent impairment agreement (for permanent partial disability benefits) does not mean the end of a worker’s benefits. We get calls from people who have been out from work for years with work injuries and have no idea that they are entitled to anything more. We like informing people that their claims are not closed and figuring out what they missed out on. Oftentimes we can get those benefits for them still.

What is Permanent Total Disability?

Sometimes, if a work injury is serious enough, the person cannot go back to work. This is called permanent total disability (PTD), and it starts when permanent partial disability (PPD) ends. 

PTD can provide a lifetime of wage replacement benefits, but to get it a person must be incapable of sustained, gainful employment. In other words, the worker has to show that they can no longer work continuously or gainfully. 

The Department of Labor looks at their age, education, experience, and injury to make this determination. The person cannot simply decide to “retire” or to not go back to work. To get this valuable benefit, the worker needs a medical provider to prove through medical evidence that they are UNABLE to work due to the work injury. 

This type of claim can be complex and can take a long time to win. Most injured workers cannot get this on their own, and this is where experienced attorneys like BFS can help. Insurance companies do not tell people that they may be entitled to this valuable benefit. Most people that call us that haven't been able to go back to work are completely unaware that they may be entitled to this.

Permanent Total Disability Benefits Last a Lifetime

If a worker is found eligible for PTD, they can get weekly benefit checks for the rest of their life or, sometimes even better, a lump sum settlement of those benefits so they can also collect their Social Security Disability Insurance benefits. These lifetime payments can bring great relief to an injured worker and their family. Call us and find out more. 

Are You Eligible for PTD?

If you have a work injury, you might be eligible for PTD if:

• You never returned to regular, paid work after your work injury, even if it’s been many years.
• You think your workers’ compensation claim is closed because you were paid a permanent impairment agreement, but your injury still greatly affects your life.
• You tried vocational rehabilitation and are still not able to return to work.
• You suffered a catastrophic injury that automatically qualifies you as permanently and totally disabled. Examples include blindness in both eyes, loss of limbs, and certain spinal and skull injuries.
• Your injury together with other factors like your age, work experience, or level of education make you unable to work.

Get Good Advice

If this describes you or someone you know, we strongly urge you to talk with an experienced Vermont workers’ compensation attorney. At BFS, we have handled hundreds of Permanent Total Disability cases, including many where a worker did not know they were eligible until years later. 

It is heartbreaking to meet someone who is struggling to get by when they could have the security of a weekly check or lump sum settlement for the rest of their life. We are always glad to help injured Vermonters who find themselves in this situation. Call now at 802-229-5146. It will cost you nothing to find out if you may qualify. Maybe we can help you find financial security.