A disability isn’t just a disability when it comes to the law. Some injuries are temporary, some are permanent, and there can even be partially permanent injuries.
Permanent injury is when harm is done that cannot be fixed. This type of injury is applicable to people but also to property as well. If your disability can be considered a permanent injury, the money you will receive will cover treatment and your quality of life. It will be highly beneficial to you and your family as you deal with your injuries and everything that comes with it.
It’s important to note that disability claims are reviewed from time to time, and many people find that their injury is no longer considered a full permanent disability due to healing or other circumstances. But, if your injury continues to affect the possibility of you working and the number of activities that you can do, you will be able to maintain your permanent injury disability status. In turn, you will receive the money you need to help take care of yourself, your injuries, and your family.
Permanent Disabilities
The financial compensation that you will receive will depend wholly on your proof that your disability is permanent. You do this by showing traits of your injuries and where they came from or how they happened.
You will also need a physician’s diagnosis and testimony to prove your permanent disability. This is the best way to prove your injuries and their status. This testimony stating that your injuries are considered permanent will go farther than anything you can say and describe on your own.
Suppose a physician’s testimony is not obtained due to a disagreement in injury severity. In that case, proof of your permanent disability may not be successful, and you may not be able to collect disability for what you believe to be a permanent injury. This shows how valuable a medical provider’s testimony is in each disability case!
There is the option to hire a doctor to help you prove your case. It’s not cheap, though! This is where your personal injury attorney at Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. can really help. They will front the cost of hiring a medical professional to not only help prove your injuries are permanent but also help your attorney know how strong your case will be in court.
Some of the most common injuries that are considered a permanent disability include:
- Amputation
- Carpal tunnel syndrome
- Neurological disorders
- Immune system disorders
- Respiratory disease
- Hearing loss and vision loss
- Nerve damage
- Musculoskeletal conditions
- Nerve damage
- PTSD
- Cardiovascular disease
Temporary Total Disability
There is such a thing as a total disability that is only temporary. This occurs when your injury leaves you completely unable to perform any kind of job functions at all, but only temporarily. You are expecting to return to work entirely at some point, but help is needed for the time being. In this case, payment is usually a percentage of what you would make each week until you can return to work as before.
For example, you may break a bone on the job or hurt your back. After some time, your injury will completely heal. But in the meantime, you will not be able to work and bring home an income.
Partial Permanent Disability
Partial permanent disability is the form of permanent disability we see most often. This is where you are only partially disabled and can still perform some duties at your job like before. But you can’t quite do all that you previously could do. Injuries can range from something you would consider severe, like the loss of a limb, to something like nerve damage in your hand. This would prevent you from being able to work the full job you were trained for prior to your injury.
A few good examples of a partial permanent disability include:
- Amputation
- Carpal tunnel syndrome
- Vision loss
- Back injury
Temporary Partial Disability
When you claim a temporary partial disability, you are saying that because of your injuries, you are unable to do certain portions of your job temporarily. In this case, you are still able to work at a lower level for a time, causing your income level to be temporarily reduced. The compensation that you would receive from such a disability claim is usually the difference of your previous earning amount to what you make now at a reduced level.
Benefits from Permanent Disability
Permanent disability benefits are commonly some of the most complex benefits to figure out. Every state uses its own way of calculating those benefits. Of course, the level of permanent disability will change the amount of compensation you receive and how long you will receive it.
The best way to get an idea of how much you could expect to receive in your situation is to call your state’s workers’ comp benefits. If you were injured at work, contact a personal injury lawyer. Your attorney will be able to look at your specific situation and give you a good idea of what you can probably expect to happen in your case. Your lawyer knows the ins and outs of disability laws and will be your most reliable and trusted source.
Obtain the Legal Help You Need for Your Case
When it comes down to it, the burden of proof is tough to bear on your own. There are so many ways that a trusted personal injury lawyer can help. Gainsburgh, Benjamin, David, Meunier & Warshauer, L.L.C. has the experience in proving the severity of injuries. This will not only prove beneficial to you but could mean the difference of your being able to claim disability and receive payment altogether.
Your case means too much to your future to try to handle on your own or even with a subpar attorney. Don’t hesitate to call and schedule a consultation meeting to see how we can help you and your case succeed. Call us at (504) 522-2304.
