Few employees ever worry about having a serious accident while at work, but it is a potential reality in even the most benign environments. Fortunately, most accidents are minor and injured employees are soon able to get on with their jobs and life goes on as normal. The worst case scenario is an injury so serious that a return to work is impossible. It is generally recognized that most employers are required to take out insurance cover to protect their own employees if injured and themselves from a possible personal injury lawsuit. But the prospect of permanent disability can be alarming. As long as the injury took place while at work, permanent disability payments should be covered by workers’ compensation. This may need the help of an attorney to ensure payments are adequate. Defining Permanent Disability Caused by a Workplace Injury Permanent disability is a situation in which a person is injured so severely that they may not be able to work anymore. Fortunately, this is quite rare, but when it does eventuate it is reassuring that nearly every state has legislation in place which puts responsibility on the employer’s insurer to pay the injured worker for the rest of his or her working life. Note that there is a difference between permanent disability at work, which is a responsibility of the employer and permanent disability caused by an accident while not at work. Many states may provide state disability payments in these circumstances, but in many cases the payments may be only for a restricted period. Federal disability payments may then be applied for. In some cases, the state may provide temporary disability payments for a workplace injury if there is a delay in receiving workers’ compensation but the money is expected to be repaid once workers’ comp. is eventually paid out. Workers’ Compensation and Permanent Disability A workers’ compensation claim works both ways. It is designed so that employers cannot be sued by their own employees, as well as compensate employees for any medical treatment they may have to have and a part payment for lost earnings. Each state has slightly different rules about temporary and permanent disability payments, but generally all states that have any workers’ compensation legislation at all (Texas doesn’t) make provision for liability in the event that an employee cannot return to work. There are usually specific payments made for temporary disability until the employee is no longer able to return to work at all. A permanent disability may mean that the person may not be able to return to the job he or she was doing before but may be able to get another job where the injury was not an impediment. It may also mean that the injury was so severe, e.g. a serious brain injury or permanent spinal injury that has caused paralysis of some or all of the limbs, that there is no chance of working again at all. Importance of an Attorney A successful workers’ compensation claim must be carefully evaluated in the event of a permanent disability to ensure that the employee is not financially disadvantaged. It is strongly advised that you contact an experienced workers’ compensation attorney in these circumstances. Additional Resources Hiring an Attorney for Workers' Compensation What Are Total Permanent Disability Benefits?
