Following a workplace injury, you can file for workers' compensation benefits and receive the treatment needed to get better. However, if it is expected that you will not make a full recovery, you can apply for permanent benefits. Here are some things that you need to know about permanent workers' compensation disability benefits.
Who Is Eligible For Permanent Disability Benefits?
In order to be approved for permanent disability benefits you must meet certain criteria. To start, you have to prove that your injury was the result of a work-related incident. You did not necessarily have to be in the workplace when it happened for it to be work-related. For instance, if you were injured while delivering an item for your company, it is considered to a work-related injury.
In addition to this criteria, you must have proof from your doctor that you will not make a full recovery despite continued treatment. Your doctor's diagnosis or assessment can come at anytime during your treatment. Once he or she has made this determination, you can contact your employer's insurance company and request permanent disability benefits.
Do You Have To Be Completely Disabled To Get Benefits?
Unlike Social Security disability benefits, you do not have to be considered unable to work at all to receive permanent disability benefits. You can receive benefits even if you are able to work. When you receive permanent disability benefits, it is because you are unable to continue to do the work that you normally do.
For instance, if you've always worked in furniture delivery, and a significant back injury prevents you from moving furniture any longer, you could apply for benefits because you can no longer do your job.
Does It Impact Your Social Security Disability Benefits?
If you have been approved to receive Social Security disability benefits because your injury has prevented you from working 12 months or longer, you can still apply for and receive permanent workers' compensation benefits. However, once you are approved for permanent workers' comp benefits, your Social Security disability payments could be reduced.
Your Social Security disability benefits could be reduced so that your current income does not exceed 80 percent of what you usually earned when you were able to work. If your permanent workers' compensation benefits end for some reason, your Social Security benefits can be increased to the previous amount.
If you are planning to file for permanent disability benefits, consult with an attorney experienced with workers' compensation benefits. Consider contacting the professionals at the Law Offices of Terry Katz & Associates.