What if My Work Accident Resulted in a Permanent Disability?

At Katz, Leidman, Freund & Herman, we understand that suffering a permanent disability from a workplace accident can be a life-altering experience that leaves you with countless questions about your future. As dedicated New York workers’ compensation attorneys with over 50 years of experience, we’ve helped thousands of workers navigate the complexities of permanent disability claims. In this article, we’ll explain what you need to know about permanent disability claims in New York, including the types of benefits available, how disability classifications work, and the crucial steps you need to take to protect your rights and future financial security.

What Classifies as a Permanent Disability?

In New York workers’ compensation cases, a permanent disability is a long-term or lifelong impairment that significantly restricts an employee’s ability to work and perform daily activities. Unlike temporary injuries that heal over time, permanent disabilities result in a lasting reduction in physical or mental abilities. To qualify as a permanent disability, an injury must be thoroughly assessed by medical professionals and classified under specific criteria established by New York’s Workers’ Compensation Board.

Permanent disabilities are categorized based on the severity and nature of the impairment, which typically fall into two main classifications:

1. Permanent Partial Disability (PPD): This occurs when an employee is permanently impaired but can still perform some level of work. For example, someone who has lost the use of a limb or has a long-term back injury may be considered partially disabled. The extent of impairment in these cases is evaluated using a percentage rating that reflects the loss of earning capacity. PPDs can range from minor impairments to those that greatly affect one’s ability to work.
2. Permanent Total Disability (PTD): This classification applies when an employee’s injury prevents them from returning to any form of gainful employment. Injuries that could lead to a PTD classification include severe brain trauma, complete loss of limb function, or injuries that cause blindness or paralysis. In these cases, the worker is considered entirely unable to re-enter the workforce, making them eligible for ongoing workers’ compensation benefits.

Each type of permanent disability is evaluated based on medical evidence, including physical examinations, diagnostic tests, and doctor recommendations. In New York, injured employees are often required to undergo an Independent Medical Examination (IME), where a doctor assesses the injury’s impact and determines if the disability is likely to be lifelong.

Ultimately, the classification of a permanent disability impacts the type and duration of benefits an employee may receive. Understanding these classifications can help injured workers make informed decisions and advocate for their rights within the workers’ compensation system.

What if My Work Accident Resulted in a Permanent Disability?

If your work accident has led to a permanent disability, you may be entitled to long-term benefits through New York’s workers’ compensation system. The process for securing these benefits, however, can be complex, especially for permanent injuries, which are handled differently from temporary ones. When an injury results in lasting impairment, such as limited mobility, chronic pain, or loss of a bodily function, you may qualify for either Permanent Partial Disability or Permanent Total Disability benefits.

Here’s what you should know if you’re dealing with a permanent disability:

Documenting and Classifying Your Injury

To receive benefits for a permanent disability, your injury must be thoroughly documented and classified. After the initial treatment phase, your doctor may conduct a Maximum Medical Improvement (MMI) assessment to determine if further recovery is unlikely. If your condition is stable but still impairs you, they will provide a detailed report outlining the nature and severity of your disability, which will influence your eligibility for benefits.

Independent Medical Examination (IME)

In most cases, you will need to undergo an Independent Medical Examination (IME) requested by the workers’ compensation insurance provider. The IME doctor will evaluate the extent of your disability and provide an opinion on your ability to work or perform specific tasks. Their findings are important because they directly affect the type and amount of benefits you may receive.

Potential Benefits for Permanent Disabilities

Permanent disability benefits vary based on whether your injury is classified as a Partial or Total Disability. For Permanent Partial Disability, you may receive compensation based on the degree of impairment and its impact on your earning ability, usually as a weekly benefit over a set period. If you have a Permanent Total Disability, such as paralysis or severe brain damage, you may be entitled to lifelong compensation benefits.

Return-to-Work Options and Vocational Assistance

Workers’ compensation also provides support if you wish to return to work. You may be eligible for vocational rehabilitation or job training if your disability limits your ability to perform your previous role. This support is designed to help permanently disabled employees find suitable, modified work.

Navigating a workers’ compensation claim after a permanent disability can be challenging, especially when dealing with medical evaluations, paperwork, and potential disputes with insurance providers. Consulting with a knowledgeable workers’ compensation attorney can help ensure your rights are protected and that you receive the full benefits you’re entitled to under New York law.

Challenges in Receiving Permanent Disability Benefits

Obtaining workers’ compensation benefits for a permanent disability can be a long, challenging process. Despite clear evidence of an injury, insurance companies and employers often contest claims for permanent disability benefits because of the high costs involved. Here are some common obstacles workers face when pursuing these benefits and how Katz, Leidman, Freund & Herman can make a difference:

1. Disputes Over Medical Assessments and MMI Status: One common challenge is the requirement to prove that your condition has reached Maximum Medical Improvement (MMI), meaning it’s unlikely to improve with further treatment. Insurers often dispute MMI findings, or they may arrange for an Independent Medical Examination (IME) by a doctor who might downplay the severity of your injury. If your claim is challenged, we step in to gather and present strong medical evidence to support your case.
2. Classification Disputes: Partial vs. Total Disability: At Katz, Leidman, Freund & Herman, we know the importance of securing the correct classification. We carefully analyze your case, work closely with medical experts, and present comprehensive evidence to the Workers’ Compensation Board, ensuring that your classification accurately reflects the impact of your injury on your ability to work.
3. Challenges with Benefit Calculations and Loss of Earning Capacity: In cases of Permanent Partial Disability, your benefits are often based on a percentage rating of your lost earning capacity. Insurance companies sometimes assign unfairly low ratings to reduce their financial responsibility. We advocate for fair and accurate assessments by consulting vocational experts who can provide insights into how your injury limits your earning potential. Our firm is committed to maximizing your benefits by demonstrating the true extent of your disability.
4. Navigating Complex Legal and Administrative Procedures: The workers’ compensation system is complicated, especially when dealing with permanent disability claims. Many claims are delayed or denied due to technical issues, missing documentation, or procedural errors. Our firm has decades of experience navigating New York’s workers’ compensation laws and processes. We handle every step of the claims process, from filing paperwork to representing you at hearings, so you can focus on your recovery.
5. Appealing Denied or Reduced Claims: If your claim for permanent disability benefits is denied, we don’t give up. Katz, Leidman, Freund & Herman is skilled in handling appeals, and we’ll rigorously advocate for you before the Workers’ Compensation Board and, if necessary, in court. We know how to counter insurance company tactics and ensure that you have a fair chance at receiving the benefits you deserve.

At Katz, Leidman, Freund & Herman, we are dedicated to helping injured workers receive the permanent disability benefits they are entitled to. With years of experience and a proven track record in workers’ compensation cases, we fight for your rights, providing compassionate, knowledgeable, and tenacious representation every step of the way. If your work accident has resulted in a permanent disability, contact us for a free consultation. Let us help you secure the benefits that are vital to your future.

Contact Us Today for the Support You Deserve

If a work accident has left you facing a permanent disability, you don’t have to navigate the complexities of the workers’ compensation system alone. At Katz, Leidman, Freund & Herman, we’re here to provide the support, guidance, and advocacy you need to secure the benefits you’re entitled to. Our experienced team understands the challenges you face and is dedicated to fighting for your rights. Contact us today for a free consultation, and let us help you protect your future.