For those physically or mentally unable to work, receiving permanent disability benefits can be life-changing. But sometimes, the process of receiving these deserved benefits can be complex and challenging, especially when coping or healing from the outcome of a situation.
At Eley Law Firm, we have 30 years of experience helping those injured in workplace accidents navigate getting the permanent disability benefits owed to them. We know that workplaces often will do what they can to avoid the responsibility of helping injured workers. As we understand the intricacies of workers’ compensation law in and out, we never rest until we help get you the benefits you deserve.
Get started working with the permanent disability and workers’ compensation law team Denver trusts. Request your no-obligation free case review today.
Permanent Partial and Permanent Total Disability are two disability statuses arising from Colorado’s Workers’ Compensation Act. After someone reaches maximum medical improvement (MMI) and is still experiencing a loss of function, benefits adjusters will examine shifting the injured worker to one of these more permanent statuses.
A doctor will assess the approximate percentage of loss the disabled person experiences due to the injury. Then, the physician will determine the impairment rating (the amount of “permanent loss of function of a body part or system.”)
As explained by CDLE, there is a difference between a scheduled and non-scheduled impairment, which would yield different benefits.
PPD and PTD awards benefits on a slightly different basis. Both scheduled and non-scheduled impairments can receive Permanent Partial Disability (PPD) or Permanent Total Disability (PTD). The key distinction is if the individual can ever work again.
If the individual is found unable to work again, they will be awarded PTD. These benefits pay 2/3 of the weekly wage (with reductions due to SSDI or retirement benefits) for the rest of that person’s life – with no lifetime cap. Because of that, PTD benefits are difficult to receive in Colorado.
In contrast, PPD awards individuals a percentage as dictated by the schedule of benefits found in article 8-42-107(2) of the Workers’ Compensation Act. These have designated lifetime award caps dependent on the impairment rating.
The Social Security Administration offers workers the ability to apply for permanent disability benefits if they have been in the workforce long enough, called Social Security Disability Insurance (SSDI). These can be monthly payments a disabled person can receive for as long as they are eligible.
After reaching their MMI, a workplace injury or illness victim may never be able to work at full capacity. But thanks to permanent disability benefits, those facing such situations will have some financial support through several different benefit options.
A disability lawyer, like those at Eley Law Firm, can help you understand your rights and the benefits available to you under workers’ compensation laws.
Let us help you with your permanent disability case. Reach out for your free benefits review today.