What You Should Know
Long-term and permanent injuries may prevent workers from returning to their jobs or limit their capacity to work, potentially forever. When this occurs, the worker may be able to seek disability benefits through a workers’ compensation claim. However, filing this claim can be stressful, particularly as an employee accommodates a disability. If you are in this situation, you need a workers compensation lawyer in Mesa to assist you with each step of the application process.
Can You Pursue Benefits for a Long-Term Injury?
Workers’ compensation protects employees who sustain long-term or permanent workplace injuries. Depending on how serious the injury is and its duration, you may be eligible for temporary total, permanent total, temporary partial, or permanent partial disability benefits. A permanent disability has caused continuous functional impairment, no matter the medical treatments administered. Permanent injuries include amputation, loss of hearing, loss of vision, serious burns, serious traumatic brain injuries, chronic pain because of nerve damage, internal organ damage, and limited mobility. Injured workers only have one year from the accident date to file a workers’ comp claim with the ICA.
Permanent Disability Compensation
The amount of compensation you may receive for a permanent disability depends on your specific health condition. Permanent injuries in a workers’ comp case can be scheduled or unscheduled.
Scheduled permanent injuries are injuries to some body parts. Compensation rates are assigned to this type of injury. Also, benefits for these injuries are capped. If you sustain a partial loss of function or amputation to a body party, you may get up to 50% of your monthly wages as a replacement for your lost earnings. A complete loss of function or amputation can let you get up to 55% of your monthly wages. If your injury leads to a loss of permanent teeth or facial scarring, you may get 55% of your monthly wages for up to eighteen months.
Meanwhile, unscheduled permanent injuries are injuries not legally listed as scheduled injuries. They include back and shoulder injuries. The amount of benefits you can receive for this type of injury is based on factors like the extent of the disability, your ability to return to your old job, and your ability to find a new job. This amount will be determined by the permanent awards division of the ICA and subject to appeal. However, you need to file an appeal within ninety days only. If you need help either in applying for workers’ comp benefits of appealing a denial of benefits, speak with an attorney to get the assistance you need.