What If the Injury Causes Permanent Disability but Does Not Affect Work Abilities?

    Personal Injury Law
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Workers’ compensation generally provides benefits to employees who are injured on the job, even if the injury does not prevent them from continuing their work. In cases where an injury causes permanent disability but does not affect the worker’s ability to perform their duties, the worker may still be eligible for compensation, including medical treatment, wage loss, and disability benefits.

Workers’ Compensation for Permanent Disability Without Affecting Work Abilities

Permanent Disability Determination:

Even if the injury does not impact the worker's ability to perform their job, workers' compensation may still classify the injury as permanent. The extent of permanent disability is usually determined by a medical evaluation, where a doctor assigns a disability rating based on the injury’s impact on the worker’s body, function, and future health.

For example, if a worker’s hand is permanently injured but they can still perform their job without difficulty, they may still be awarded permanent disability benefits based on the severity of the injury.

Disability Benefits:

Permanent Partial Disability (PPD):

If the injury causes lasting impairment but does not prevent the worker from doing their job, the worker may be entitled to permanent partial disability benefits. These benefits are typically calculated based on the extent of the permanent impairment and the disability rating given by the physician.

These benefits may provide a portion of the worker’s wages, even if they are still able to perform their job duties. The amount varies depending on the severity of the disability, as determined by the doctor’s assessment.

Medical Benefits:

The worker may continue to receive medical benefits for treatment related to the injury, even if it does not prevent them from working. These benefits cover doctor visits, surgeries, physical therapy, and other necessary treatments.

Compensation for Permanent Disability:

In cases of permanent disability, even if the injury does not affect work abilities, the compensation can still be significant. Workers may receive a lump sum or structured payments based on the severity of the injury and state regulations. This compensation is meant to cover the long-term impact of the injury, including potential future medical needs or other complications that may arise due to the injury.

Impact on Work Performance:

If the injury does not affect the worker’s ability to perform their job duties, the worker may continue working at full capacity, and no wage loss benefits may be necessary. However, the disability rating still reflects the permanent nature of the injury and the potential for long-term discomfort or future complications.

In some cases, even when the worker is still able to work, the insurance company may provide a lump sum settlement or structured payments to compensate for the injury’s long-term effects.

Future Medical Care:

Workers who suffer permanent injuries but continue to work may still require medical treatment in the future. Workers' compensation should cover any necessary ongoing medical care related to the injury, including any future surgeries or physical therapy. The worker should monitor their condition and report any worsening of symptoms to ensure continued coverage.

State Workers’ Compensation Laws:

The benefits and process for permanent disability claims can vary by state. Some states may provide a specific benefit schedule that determines the compensation for permanent impairments, while others may leave more room for negotiation. It is important for workers to understand their state’s rules and how they affect their specific case.

Settlement Considerations:

In cases where the worker’s injury does not affect their work abilities but is still classified as a permanent disability, they may consider a lump sum settlement. If the worker agrees to a lump sum, they generally waive their right to future ongoing disability benefits. Before agreeing to such a settlement, the worker should carefully assess the adequacy of the amount offered and consult with a legal or financial advisor to ensure the settlement provides enough compensation for potential future medical needs.

Example

A warehouse worker sustains a back injury while lifting heavy boxes. The injury results in permanent damage to their back, but they can still perform their regular duties without issue. After medical evaluation, the worker is assigned a disability rating, reflecting the permanent nature of the injury. The insurance company provides the worker with permanent partial disability benefits, which help compensate for the ongoing impact of the injury, even though the worker can still work normally.

The worker continues to receive medical benefits for the back injury, including physical therapy.

The worker receives a percentage of lost wages through the disability benefits, based on the disability rating, despite the fact that their ability to work is unaffected.

The worker also has the option to negotiate a lump sum settlement, though they consult with an attorney to ensure that the settlement amount will cover potential future medical costs, should the condition worsen over time.

Answer By Law4u Team

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