Permanent and Total Disability Benefits
Has a work-related injury or illness left you with a permanent medical issue? If your condition prevents you from working or limits the types of work you can do, you may be entitled to permanent disability benefits under Oregon workers’ compensation law.
These benefits are intended to replace a portion of the income you used to earn before the injury occurred. They can help you make up lost wages and maintain a good quality of life.
Before you can claim the benefits you are owed, you must prove that your condition is unlikely to improve and severe enough to limit your ability to work. In most cases, it requires substantial medical evidence, meticulous documentation, and a lot of patience. Working with a knowledgeable Portland workers’ compensation lawyer is crucial.
At Jodie Anne Phillips Polich, P.C., our principal attorney is a former member of the Oregon Workers’ Compensation Board. She has extensive experience navigating the workers’ compensation system. No matter how simple or complex your case, Jodie is prepared to take the time to address your concerns and guide you toward the best outcome possible.
To discuss the details of your permanent disability case, contact our firm today for your free initial consultation.
What Are Permanent Disability Benefits?
Permanent disability benefits are a particular type of workers’ compensation wage-loss benefits. These benefits help workers who suffer work-related injuries that result in permanently disabling medical conditions, such as the loss of a body part or the loss of certain bodily functions.
What Are Total Disability Benefits?
Total disability benefits are another type of wage-loss benefit awarded to workers whose injuries prevent them from returning to work. In most cases, total disability benefits are temporary measures intended to help employees get back on their feet.
Sometimes a work injury can leave a worker permanently and totally disabled, which means they are no longer able to work in any capacity. When this occurs, workers may be entitled to permanent total disability (PTD) benefits for life.
How Are Permanent Disability Benefits Calculated in Portland?
The way workers’ comp permanent disability benefits are calculated depends on the situation. If you have a permanent and total disability that keeps you from working in any capacity, you are generally entitled to two-thirds of your average pre-injury weekly wages in benefits, up to a statewide maximum of $1,658.68 per week, as of 2022. The minimum amount for PTD benefits is $411.55 per week, which is one-third of the statewide average weekly wage or one-third of your average pre-injury weekly wages, whichever is less.
If you have a permanent partial disability (PPD), on the other hand, calculating your benefits can be a little more challenging. That is because determining the value of your lost earning capacity is complicated when you can still perform some work. The Oregon workers’ comp system has two different types of PPD benefits, both of which use specific formulas to calculate the value of your monthly payments.
The first type of PPD benefit is known as “whole person impairment” or “impairment” benefits. These benefits consider the overall extent of any impairment caused to a person’s entire body after a work injury. To calculate PPD impairment benefits, workers are first assigned a disability rating, which is expressed as a percentage. Then, the percentage is multiplied by the statewide average weekly wage ($1,247.13 since July 1, 2021) to determine the value of the monthly PPD benefits.
The second type of PPD benefit is known as “work disability” benefits, which is when a worker is unable to return to “regular work,” or the job held at the time of the injury, due to their impairment. In this case, a worker will generally receive benefits for both impairment and work disability.
To calculate PPD work disability benefits, Oregon workers’ comp insurers will modify a worker’s disability rating based on their age, education, skill level, and other factors. Then, that number is multiplied by 1.5 times the worker’s average pre-injury weekly wage to determine their monthly PPD benefits, subject to certain minimum and maximum limits.
What Is a Permanent Disability Rating?
In an Oregon workers’ comp case, a permanent disability rating describes the extent of a worker’s disability after a work-related injury or illness. Your permanent disability is usually written as a percentage, which is then used to calculate the value of your PPD benefits.
Before you are assigned a permanent disability rating, you typically need to reach a stage known as “maximum medical improvement” (MMI). Reaching MMI means your doctor has done as much as they can to improve your condition, and additional medical treatment is unlikely to have an effect.
Who Determines My Permanent Disability Rating in Portland?
Either your doctor or an independent medical expert can assign your permanent disability rating once they determine you have reached MMI. At this stage, they will likely perform specific tests to examine your overall level of impairment or loss of function. Then they will use state-required guidelines to convert your test results into a numerical permanent disability rating.
I Disagree with the Permanent Disability Report. What Can I Do?
Your permanent disability rating may be used to calculate several different types of disability benefits, which means it’s a critical element in your workers’ comp claim. If you disagree with the rating you received from your medical provider, you have the right to take action.
A knowledgeable workers’ comp attorney can help you locate an independent expert to get a second opinion. Then, once you have a disability rating that more accurately reflects your condition, your lawyer can help you file an appeal to fight back against minimized or denied claims.
Contact an Experienced Portland Permanent Disability Lawyer Today
When you contact the Law Offices of Jodie Anne Phillips Polich, P.C., our dedicated team will sit down with you and evaluate every detail of your situation. We can truly understand your goals and craft effective legal solutions to help you realize success.
Jodie has helped numerous clients in Portland, Milwaukie, and surrounding communities in Oregon move forward following a work injury. She has the skills and knowledge to tackle the most complex claims.
Contact us today for a free initial case review to learn more about how a permanent disability lawyer can help you pursue the benefits you deserve.