Phoenix, AZ Permanent Disability Workers’ Compensation Claims

Permanent disability benefits are an award given under circumstances where a person is no longer able to perform the functions that gainful employment requires, as a consequence of an injury covered by workers compensation.

Several factors are taken into consideration when an individual files a claim for total and permanent disability. Some involve work, such as the persons age, employment record and level of education, while others involve the individuals abilities, such as psychological, sociological and physical challenges. All of this information can be considered in a claim.

If you or a loved one has suffered a debilitating injury while on the job that prevents the victim from maintaining steady employment, he or she may be eligible to file a claim for total permanent disability. The licensed workers compensation attorneys in Glendale at Phillips Law Group can help.

Find out about your legal options today start now by filling out our Free Case Review form.

Who is Eligible for a Permanent Total Disability Claim?

In most cases of an injury that occurred in an industrial setting that permanently hinders a worker from executing any form of gainful employment, that injured worker will be eligible for permanent total disability compensation. In most states, this means the injured will receive approximately 2/3 of their previous income, barring any restrictions.

Some questions that are asked when considering a claim include:

  • Does the worker have any residual function physically?
  • What are the physical and/or psychological limitations of the worker?
  • Do any other factors beside the injury cause a permanent inability to perform work?

In many states, in cases where a worker loses both hands, arms, feet, legs or eyes in an on-the-job accident, or a combination of 2 or more of the aforementioned body parts, the victim is entitled to statutory permanent total disability, which is paid for the remainder of the victims life, regardless of their working status.

Permanent Disability Claims under Workers Compensation

If an injured worker is granted compensation for permanent disability, payments continue for the rest of the workers life. The only exceptions involve cases where the injured individual later acts in ways that warrant the termination of disability benefits, such as seeking work. Permanent disability benefits can usually be contested by the self-insured employer or the bureau of workers compensation in the state handling the case.

In order to file a claim for total and permanent disability, an individual will need to have been treated by medical professionals after the work injury occurred. The doctors prognosis and notes on discharge will be important to your case. In many cases, information will need to be gathered from several healthcare sources. The injured worker will also be required to file paperwork with the states workers compensation agency. If you are currently seeking permanent disability benefits for an injury that occurred on the job, our workers compensation attorneys can help make sense of the process and assist you in filing your paperwork.

Contact Our Workers Compensation Law Firm

On-the-job injuries occur each day but when trauma that happened in the workplace leads to long-term, life-altering ailments, the consequences can be devastating. If you or a loved one has lost the ability to sustain meaningful employment because of an injury that happened while working, the victim may be eligible for total and permanent disability compensation.

The Tucson personal injury attorneys at Phillips Law Group have been defending victims of workplace injuries like you for decades. We proudly represent those seeking justice through workers compensation claims in Arizona, Utah and California.

Learn how we can help you file your claim for permanent total disability or defend you if you have been denied a claim. Call 602-222-2222 today to discuss your legal options confidentially with our legal professionals.

To get your consultation started right now, simply fill out the FREE CASE REVIEW form at the top of this page.

Every day another person is injured while on the job, some injuries may be a minor slip and fall while others could permanently impair the worker. Permanent impairment is a physical or mental injury that impairs a person to the extent that they are not able to continue their occupational or normal day-to-day activities.

In the state of Arizona the private industry recorded more than 300 injuries in 2011 of which at least 90 cases resulted in time loss. When a worker suffers from a permanent disability the loss of time may initially be temporary until a doctor determines that the injury is permanent.

If you or a loved one has suffered from permanent impairment at the time of your employment and due to no fault of your own, the victim may be entitled to further compensation for medical bills, pain and suffering, lost wages, and more.

For a free evaluation of your workers compensation situation, fill out the FREE CASE REVIEW form to your right.

Types Of Permanent Impairment
Once the injured worker has sought medical treatment, a doctor could determine that the individuals condition can no longer be improved, but that their condition will not deteriorate. The doctor will notify the insurance company that the worker has suffered from a permanent injury.

Permanent impairment may be labeled as a scheduled or unscheduled injury. A scheduled injury is damage to a specific body part such as the:

  • Eye
  • Hand
  • Arm
  • Leg
  • Foot

An unscheduled injury may be the result of other impairments or general impairment that simply does not fall under a scheduled injury. Some types of unscheduled permanent impairment include:

  • Back Injury
  • Hip Impairment
  • Occupational Disease

The scheduled injuries are set forth by the state of Arizona and doctors will determine how deeply impaired the worker is.

Permanent Impairment Benefits

The benefits a person may receive due to their permanent impairment involves many factors but most importantly how debilitating the injury is. Worker’s compensation for permanent injuries is usually paid once a month and the amounts may be calculated a few different ways. For scheduled injuries they may use the following guidelines:

  • Partial Loss 50% of average monthly wage
  • Amputation 55% of average monthly wage
  • Total Loss/Inability to Return to work 75% of average monthly wage

For unscheduled injuries many more factors are taken into consideration receive such as age, education, and previous occupations to determine how much the injured worker may receive. The amount the worker receives may be partly based on how much income the person may be able to earn in the future. The amount is often 55% of the difference between your current monthly average wage and the amount The Arizona Industrial Commission estimates that youll be able to earn. Each year the injured worker must send the workers compensation insurance company their Annual Report of Income to determine how much the permanent impaired worker is entitled to.

In some cases if a worker finds an occupation where they are earning the same or more than their previous average monthly earning they will not receive any monetary compensation for their injury.

Being injured on the job can be a very difficult situation to handle as oftentimes your employer initially handles much of the workers’ comp paperwork. If you or a loved one has been hurt on the job and is experiencing difficulty receiving the workers compensation benefits they deserve, our attorneys are ready to help.

To find out how we may be able to help you with your workers compensation claim, contact us. Our dedicated intake staff members are available 24 hours a day, 7 days a week to assist you.

If you prefer to contact us online fill out the FREE CASE REVIEW form located at the top right hand corner of this page its 100% FREE and completely confidential.