Man in wheelchair at home or in office.

What Are My Rights If I Suffer a Permanent Disability Due to a Workplace Injury?

Suffering a permanent disability due to a workplace injury is a life-changing event that can have profound effects on your ability to work, your financial stability, and your overall quality of life. Understanding your rights in this situation is crucial to ensuring you receive the compensation and support you need.

Here’s a detailed look at your rights if you suffer a permanent disability from a workplace injury.

Right to Medical Treatment

Your employer’s workers’ compensation insurance is responsible for covering the costs of all necessary medical care related to your injury. This includes:

  • Doctor visits
  • Hospital stays
  • Surgeries
  • Medications
  • Physical therapy
  • Other treatments deemed necessary

Ensuring you receive appropriate medical care is crucial for your recovery and ongoing health management.

Right to Compensation for Permanent Disability

The amount and duration of this compensation vary depending on the severity of your disability and how it affects your ability to work. Permanent disability benefits are typically categorized as either partial or total:

  • Permanent Partial Disability (PPD): If you can still work but your earning capacity is diminished due to the injury, you may receive PPD benefits. These benefits are usually calculated based on the extent of your disability and your pre-injury wages.

  • Permanent Total Disability (PTD): If your injury prevents you from performing any kind of work, you may receive PTD benefits. These benefits are generally a percentage of your average weekly wage and may continue for life or a specified period.

Right to Vocational Rehabilitation

A workplace injury may sometimes prevent you from returning to your previous job. If this happens, you may be entitled to vocational rehabilitation services. These services include job retraining, education, and assistance with finding new employment.

Vocational rehabilitation aims to help you re-enter the workforce in a new capacity that accommodates your disability.

Right to Reasonable Accommodations

Under the Americans with Disabilities Act (ADA), employers must provide reasonable accommodations to employees with disabilities. This means your employer must make necessary adjustments to your work environment or job duties to allow you to perform your job to the best of your ability.

Reasonable accommodations can include modifications to your workspace, changes in work schedules, and the provision of assistive devices.

Right to Legal Representation

Navigating the workers’ compensation system and ensuring you receive the benefits you are entitled to can be challenging, especially when dealing with a permanent disability. You have the right to seek legal representation to help you through this process.

A skilled workers’ compensation attorney can advocate on your behalf, handle paperwork, negotiate with insurance companies, and represent you in hearings or appeals if necessary.

Right to Appeal

If your workers’ compensation claim is denied or if you believe the benefits offered are insufficient, you have the right to appeal the decision. The appeals process can be complex, often involving administrative hearings and legal proceedings.

An attorney specializing in workers’ compensation can guide you through the appeals process and help build a strong case to support your claim.

Right to Financial Support

In addition to workers’ compensation benefits, you may be eligible for other forms of financial support. This can include Social Security Disability Insurance (SSDI) if your disability prevents you from working altogether. Exploring all available financial resources can help you maintain your financial stability despite your inability to work.

Secure Your Future: Understand Your Rights After a Workplace Injury

Suffering a permanent disability due to a workplace injury is a daunting experience, but knowing your rights can empower you to take the necessary steps to secure your future. Understanding and exercising these rights ensures you receive the support and benefits you need to navigate life after a workplace injury.

Reach out to Pothitakis Law Firm today at (319) 318-0450 to learn more.