Permanent Disability

Colorado Workers Compensation Permanent Disability Benefits Attorney

Permanent Disability Benefits

If a worker reaches maximum medical improvement but has not fully recovered from the injuries, the worker may receive permanent impairment benefits. There are two types of permanent impairment benefits in Colorado:

• Permanent partial disability benefits
• Extremity And Whole Person Ratings

Permanent Partial Disability Benefits

Permanent partial disability benefits (“PPD”) are paid to workers who have a permanent physical impairment but are able to return to some type of employment even if it is not with the employer where they were injured. The Colorado Supreme Court has ruled that an injured worker who can earn any wages is entitled only to permanent partial disability benefits and not entitled to permanent total disability benefits which will be defined later.

Permanent partial disability benefits are paid based on a disability rating provided by the authorized treating physician. This rating is based on a rating procedure provided by the American Medical Association in its publication The Guides to Evaluating Permanent Impairment (Third Edition, Revised). Upon reaching maximum medical improvement, the treating physician should examine the worker and then use the guides to determine the percentage of the worker’s impairment. There are two types of disability ratings: extremity and whole person. The amount of permanent impairment can vary greatly depending on the type of impairment the worker receives.

Extremity and Whole Person Ratings

Extremity ratings are given to workers who injure their arms or legs or any part thereof as opposed to their head, neck, back or torso. Whole person ratings are given to workers who have impairment to their head, neck, back, torso or any part thereof. Whether a particular injury is subject to an extremity or whole person rating, for example a shoulder, is frequently the subject of litigation.

With some exceptions, extremity ratings provide for less permanent impairment benefits than whole person ratings. Benefits paid for an extremity rating are based on the severity of the injury and do not take the wage or age of the claimant into account. They also vary depending on the date of the injury.

Benefits for whole person impairment are paid based on a formula outlined in the Colorado Workers Compensation Act. This formula takes into account the worker’s temporary disability wage rate, age, and whether the person has an extremity or whole person rating. The age and wage of the worker is important because the younger a worker is, and the higher the worker’s wage, the more the permanent impairment is worth.

Disagreements About Maximum Medical Improvement and Disability Ratings

An injured worker, employer, or insurance carrier who disagrees with the date of MMI or the disability rating, can request a Division Independent Medical Examination, a second opinion from another doctor. This is referred to as a “DIME.”

The procedures for obtaining a DIME are tricky and frequently change. For advice about how to obtain a DIME, you should contact a Colorado workers’ compensation attorney such as the Eley Law Firm. However, the opinions of the DIME doctor on the issues of permanent impairment and maximum medical improvement are binding on the parties unless overturned at hearing by “clear and convincing evidence.” Since overturning a DIME doctor is usually very difficult, great care should be taken in selecting the doctor. Again, this is best done with the help of an experienced workers’ compensation attorney such as Cliff Eley of the Eley Law Firm.

Permanent Total Disability Benefits

If, as a result of an on-the-job injury, a worker’s injuries are so severe as to prevent the worker from returning to any employment, the worker is entitled to permanent total disability benefits. This is referred to as “PTD.” PTD benefits are defined as two-thirds of the worker’s wages for the lifetime of the worker. The amount of these benefits is subject to the same limits as temporary total disability benefits.

In order to receive PTD benefits, the worker cannot be capable of returning to any employment, even if it’s part-time, or for much lower wages than the worker received before the injury. Whether or not a worker is entitled to these benefits is often based on the worker’s restrictions, job experience, training, and available jobs in the area.

Insurance companies rarely admit for PTD benefits without an order from a judge finding that the worker is permanently totally disabled. If you believe you are permanently totally disabled, you should contact the experienced workers’ compensation lawyer at the Eley Law Firm for advice.

Call the Eley Law Firm today at 866.458.6360 for a free case evaluation from a workers compensation lawyer. You may also e-mail us or fill out the form on the Contact Us page of this website, and a representative from the office will be in touch with you shortly. We look forward to hearing from you and helping with your workers comp case!