What is permanent total disability?

On Behalf of | Feb 24, 2016 | Workers' Compensation

If you have been injured on the job in New York, you may recover from your injuries with medical treatment, rest and time. However, at The Klein Law Group, P.C., we know that the effects of your injuries may be permanent in some cases. This may entitle you to receive permanent total disability benefits, among others.

According to the New York Workers’ Compensation Board, you may receive a permanent total disability classification if you have permanently and totally lost your ability to work and earn. For example, you worked as a construction foreman and you fell off of a scaffolding. As a result of the fall, you lost the use of both of your legs and are now in a wheelchair. Since this may affect your ability to resume your work, you might be classified as permanently and totally disabled.

If you receive a permanent total disability classification, you are entitled to cash benefits. The amount you will receive is based on your average weekly wage from the previous year. To determine the amount of your benefits, your percentage of disability will be multiplied by two-thirds of your average weekly wage. For instance, you are 100 percent disabled and were earning $400 per week. You will receive payments of $266.67 per week.

Some workers’ compensation benefits have time limits. However, permanent total disability benefits are not subject to these limitations. Therefore, you may receive these payments for the duration of your life.

Although your ability to perform your former job may be lost, you may be able to perform other types of work. In some circumstances, you may be able to continue working or engaging in other business ventures, despite being considered permanently and totally disabled. In order to continue receiving your benefits, however, your earnings combined with your weekly benefits cannot exceed the maximum amount as specified by state law.

For more information about permanent total disability, please visit our workers’ compensation benefits page.