Temporary and Permanent Disability Overview from Your Denver Workers Compensation Attorney
July 20, 2016
An injury on the job can be a frustrating experience. Many individuals experience wage loss, inadequate medical care, negative pressure from employers and in extreme cases—termination. A Denver workers compensation attorney will help you work through the ins and outs of workers’ compensation to help you get the money and benefits you deserve. There are three top types of disability for those on workers’ compensation. Below are the differences and always reach out to an attorney to get the justice you deserve.
If you have been injured on the job, the law office of Mark A. Simon can help! Mark is your local premier workers compensation Denver attorney that can fight for the money you deserve. Learn more about the Most Common Workers Compensation Claims
- Temporary Total Disability: Individuals injured on the job and lose three shifts or days of work due to an injury or illness may be eligible for temporary total disability. The Colorado.gov website explains the disability would begin on the fourth day of lost work. The disability will then be paid bi-weekly until the employee is able to return to work, is given a release to return to work, does not appear to a re-scheduled medical appointment, physician clears the worker and determines what is called the “maximum medical improvement” has been reached and treatment is no longer needed or when insurance requests to modify, end or suspend benefits.
- Permanent Partial Disability: When a worker has reached the “maximum medical improvement” and no longer needs to see a physician but still needs time to recover from the illness or injury, this is where Permanent Partial Disability comes into play. Colorado.gov also explains this can occur when a worker has permanent loss of function on a various body part or system. The amount of wages that will be paid out to the worker will depend on the age and income of the individual. This will be compared to the severity of the issue and will be discussed with the authorized physician. This type of disability has two types: Scheduled impairment and non-scheduled impairment. Colorado.gov explains scheduled impairment as loss of function in the feet, toes, legs, fingers, hands, arms, eyes, vision or hearing. There are different schedule values for each of those body parts. Non-schedule impairment covers everything else not mentioned in the scheduled impairment. This could include spine, lung or mental function damage. The extent of damage will be reviewed alongside a physician to determine total disability rates.
- Permanent Total Disability: Of the three types of disability, this is the most rare type that is given to those injured on the job, even though the quality of the person’s life is forever changed from the injury. In this instance, the person would need to prove an inability to earn wages. Insurance companies typically do not reward for this type of disability. When this type of disability payment is awarded, Colorado.gov explains there is a two-thirds of the average weekly wage at the time of the person’s injury paid out to over the person’s lifetime.
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