Workers’ compensation provides financial relief for employees injured on the job, including those with lasting impairments, known as permanent disability, who can still work in some capacity, referred to as Permanent Partial Disability (PPD). This blog will explore PPD, its impact, and how settlements and compensation benefits are determined.
Key Takeaways:
- Permanent partial disability (PPD) refers to lasting impairments that limit, but do not completely prevent, work.
- PPD benefits in Illinois vary based on the injury’s severity, the worker’s age, and earning potential.
- Settlements can be lump-sum or ongoing, depending on various factors, including state guidelines. A lump sum payment allows workers to receive a single payment in lieu of ongoing benefits, simplifying the compensation process for both insurers and claimants.
- Impairment income benefits, such as those in Texas, provide structured payments based on impairment ratings.
Understanding What Is Permanent Partial Disability
A Permanent Partial Disability (PPD) occurs when a worker sustains an injury that results in permanent partial disabilities, hindering their ability to work at their previous capacity but still allowing for some level of work. While the worker may not be able to return to their previous duties, they are not entirely prevented from earning a living.
Once a worker reaches maximum medical improvement, their condition is assessed to determine the extent of their permanent impairment.
In Illinois, workers’ compensation law recognizes PPD as a category of benefits designed to aid injured employees who can no longer perform their original duties. Common injuries that might lead to PPD include:
- Loss of a limb or use of a limb
- Damage to the spinal cord
- Partial hearing or vision loss
- Chronic pain that limits physical capacity
Workers affected by these injuries may receive compensation to help bridge the gap between their previous earning potential and their current ability to work.
Types of Permanent Partial Disability
There are different types of PPD based on the nature of the injury and its impact on a worker’s ability to function. These types can affect the amount of compensation an injured employee receives. A permanent total disability represents a more severe condition that completely prevents the individual from working, whereas a permanent partial disability allows for some capacity to work despite lasting impairment.
- Scheduled Loss: Refers to injuries affecting specific body parts, such as an arm, leg, hand, or foot. The state assigns specific compensation periods for each body part.
- Non-Scheduled Injuries: Injuries not limited to a specific body part but that affect overall body functioning, such as back or head injuries.
- Wage Differential: If an injured worker can still work but must accept a lower-paying job, they may be eligible for a wage differential benefit to cover the gap between pre-injury and current earnings.
- Disfigurement: Compensation for visible disfigurement, such as scars or burns, that affects a worker’s appearance.
Calculating Permanent Partial Disability Benefits
Calculating PPD benefits generally involves determining the worker’s average weekly wage and the percentage of their impairment, as evaluated by a medical professional. The final benefit is typically a percentage of the worker’s average weekly wage multiplied by the impairment rating.
For example, if a worker has an average weekly wage of $1,000 and a permanent impairment rating of 20%, their PPD benefit would be $200 per week.
Impact of Pre-Existing Conditions on Benefits
Pre-existing conditions can affect permanent disability benefits. If a pre-existing condition is aggravated or accelerated by a work-related injury, the worker may be entitled to additional benefits. However, some states allow apportionment, where benefits are divided between the pre-existing condition and the new injury.
Permanent Partial Disability Settlement Amounts
When an employee is designated with a permanent partial disability, they may be entitled to a lump-sum settlement, ongoing benefits, or a permanent partial disability benefit. The amount of a settlement depends on several factors, such as the extent of injury, age and future earning capacity, wage differential, state guidelines, and impairment rating.
Impairment Income Benefits
In some states, like Texas, workers who suffer from PPD are entitled to workers compensation benefits, including impairment income benefits based on an impairment rating. These benefits address the long-term effects of permanent disabilities and may be combined with other compensation like medical benefits.
How Is a Permanent Partial Disability Determined After Maximum Medical Improvement?
In Illinois, determining permanent partial disability involves a medical evaluation to assess the long-term impact of the injury on the worker’s physical and functional abilities. Factors that may be considered include:
- The medical condition of the worker post-injury
- The extent to which the injury impairs the worker’s ability to perform job duties
- The worker’s occupation and ability to return to their previous role
- The worker’s age and future employment prospects
Undergoing medical treatment is important for assessing the long-term impact of the injury and determining the extent of the disability. Once these factors are considered, a permanent partial disability rating is assigned, which influences both the settlement amount and the duration of benefits. State workers compensation programs play a important role in determining how permanent partial disabilities are compensated, with significant variations across states.
What Should You Do If You Think You Have a Permanent Partial Disability?
If you’ve been injured at work and suspect that you may have a permanent partial disability, there are several steps you should take:
- Obtain Medical Treatment: Seek medical attention immediately to ensure proper documentation and assessment of your condition.
- Understand Temporary Disability Benefits: Temporary disability benefits provide financial support while you recover from your injury. These benefits are different from permanent partial disability benefits, as they are only available during the recovery period and have a weekly maximum amount.
- File a Workers’ Compensation Claim: Ensure you file a claim with your employer or workers’ compensation carrier. Delays could affect your eligibility.
- Consult a Legal Professional: Working with an attorney experienced in workers’ compensation can help you understand your options and ensure you receive fair compensation.
- Keep Detailed Records: Maintain records of medical treatments, expenses, and the impact on your work and daily life.
In Conclusion
Permanent partial disability is an important aspect of workers’ compensation law, designed to protect employees who suffer lasting injuries but are not entirely incapacitated. Understanding PPD benefits and the claims process is essential for workers seeking fair compensation for their injuries.
Contact JJ Legal Today for Help with Permanent Partial Disability Claims
If you believe you may be entitled to permanent partial disability benefits, having the right legal guidance is essential. Our team is here to help you pursue the compensation you’re entitled to and support your path to recovery.
Contact us online or call 888-483-5494 for a free consultation and case evaluation.
