Total Permanent Disability Claims - How It Works?

 Under workers' compensation laws, Permanent Total Disability ("PTD") is awarded when due to an occupational injury or disease, an employee is not anymore able to work in any job for which he or she are suited by education, training, or experience.

In order to qualify for PTD award, the injured employee should prove that he or she is not able to come back to work in any capacity and that his or her injury is a permanent condition. To qualify for a PTD award, the injured worker should receive a disability rating of 100% from an examining doctor for their injury.

The Laws Regarding PTD Are Formulated On State Level

When it comes to workers' total and permanent disability claims the laws are generally on a state level. Because of that, definitions of what is PTD differ from state to state. However, a standard definition of PTD would involve loss of arms or legs, two eyes, or absence from work for six months or more as a result of an occupational injury or illness. An additional requirement to receive PTD is that there is no expectation the injured employee will physically have the ability to return to his or her occupation.

PTD Settlement Can Be Hundreds of Thousands of Dollars

Once a PTD rating is established, the injured employee has the right to receive PTD compensation benefits, which is dependent on the employee's earlier occupation type and expected pay differential. This sum can be hundreds of thousands of dollars. PTD payments must start at once to the injured worker or the employer can be subject to late payment penalties.

Many workers' compensation insurers would rather obtain a PTD settlement once the injury has been rated permanent. The employer's insurer may solicit a settlement for the PTD damages in the form of a round figure payment. These settlements can be hundreds of thousands of dollars.

Attorney Counsel Is Key To Adequate Settlement of PTD Claim

In a workers compensation settlement related to total permanent disability claims, the insurance company issues payment in lieu of a signed release of claims agreement. While the round figure payment may be sizeable based on the occupation involved, it also closes the PTD claim for all times.

This means if the employee's injury was to get worst or be re-aggravated, the employer would no longer be responsible for any damage or payment of medical treatment. Owing to the several important factors involved and the amount of money involved, injured employees should call for an attorney counsel regarding their workers' compensation claims.

Summary

In this article post, you came to know about permanent total disability claims. In a PTD claim the employee needs to prove that he or she cannot return to work, and the injury is lifelong. The moment a PTD rating is established the PTD payments should start promptly to the injured individual. The insurer generally tries to obtain a settlement in the form of a round-figure payment. In this form of settlement, the PTD claim is closed forever.