Permanent & Total Disability

Permanent and Total Disability from Catastrophic Workplace Injuries

No one expects to suffer a catastrophic injury at work, but the reality is that it can happen to anyone. Even employees in desk jobs are at risk—for example, from a serious slip and fall that results in a head or back injury. However, some workers, such as those in factories or construction, face higher risks of disabling injuries that require long-term support through Workers’ Compensation.
 

Often, Workers’ Compensation serves as a temporary solution to cover medical expenses and lost wages while an injured worker recovers. But when injuries are so severe that returning to any form of work is impossible, Workers’ Compensation can provide permanent and total disability benefits to support the worker long term.
 

At Rathbun, Cservenyak & Kozol LLC, we help injured workers secure the compensation they deserve when catastrophic injuries prevent them from returning to work. We understand that the impact of a disabling injury extends far beyond lost wages—many workers require ongoing medical care, such as assistance from a home health aide or continuous physical therapy. Our mission is to make sure you receive the full benefits you need to avoid financial hardship.
 

Who Qualifies for Permanent and Total Disability Benefits?

Not all permanent injuries qualify for permanent and total disability benefits. If you are capable of working in any other job, even a different type of work, you may not meet the criteria. However, if you can only work in a lower-paying role, Workers’ Compensation may provide wage benefits to cover the difference between your previous and current earnings.

You may be eligible for permanent and total disability if you have:

• Lost a body part: Amputation of a limb, thumb, or eye in a workplace accident generally qualifies you as permanently and totally disabled.

• Lost the use of a body part: You do not need to lose a body part entirely. Severe nerve damage or other conditions that prevent you from using an arm, leg, or other body part may qualify.

• Partially lost use of your entire body: This applies in cases such as paralysis from a spinal cord injury or severe back injuries that prevent you from performing physical work.

• Sustained other disabling injuries: Traumatic brain injuries or serious illnesses caused by workplace exposure—such as emphysema from asbestos—may also qualify you for permanent and total disability benefits.
   

Before being classified as totally and permanently disabled, you must demonstrate that you have reached maximum medical improvement. This means your doctors have provided all possible treatment, and your condition has stabilized to the fullest extent achievable.
 

What Are Permanent and Total Disability Benefits?

If you are deemed permanently and totally disabled, Workers’ Compensation benefits typically cover:

• Up to two-thirds of your average weekly wages for the remainder of your working years.

• All medical expenses, including emergency care, hospital stays, and ongoing long-term treatment.
   

These benefits are designed to help you maintain financial stability despite your inability to work.
 

Get Help With Your Permanent and Total Disability Claim

If you have suffered a catastrophic workplace injury that has permanently altered your ability to work, you need a skilled legal team on your side. Rathbun, Cservenyak & Kozol LLC is dedicated to fighting for the benefits you deserve so you can focus on your recovery and well-being.
 

Contact us today for a free consultation and learn how we can assist you with your Workers’ Compensation claim for permanent and total disability.