When Work Causes A Permanent Injury Situation

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Being hurt on the job might mean a return to work after a short rehabilitation period. However, some job incidents will result in permanent injuries. When a worker is ruled to be 100% disabled, their benefits from workers' comp are different. For what to expect, read on. 

Your Benefits Up to Now

Up to now, workers recovering from an injury may be paid a partial salary while they remain home and heal. Medical care is also provided. However, workers that have not returned to work may be asked to undergo a special examination. The result of that exam could mean the determination of a permanent injury. That means the worker won't be going back to their previous job and they may not be able to work at any other job as well.

Permanent Injury Benefits

When a worker is ruled permanently disabled, they may qualify for several state and federal programs. Most workers will be eligible for Social Security Disability Insurance (SSDI) and other federal programs. However, the main benefit provided to a disabled worker is a lump sum settlement from the workers' compensation insurer.

What to Know About Lump Sum Settlements

This sort of payment is owed to workers who can probably never work again. It's supposed to be enough to cover the income the worker might have made if they had not been hurt at work. The amount of the lump sum is based on several factors. However, the big thing hurt workers should know about this payment is that what you are paid is negotiable. Unfortunately, many permanently disabled workers automatically accept what the insurer is offering without question.

What Workers Must Do

To ensure you are paid enough money, don't deal with the workers' compensation insurer alone. Speak to a workers' compensation attorney and get help with this matter. Together, you and your lawyer will figure out how much you are owed for your settlement based on factors like:

  • Your age and education level
  • Your job experience and previous salary
  • Similar settlements in your area based on like circumstances

Then, your workers' compensation lawyer will negotiate with the insurer to get you the amount you need. Also, ask your lawyer about being paid using structured payments rather than a lump sum. You could be paid more overall that way and it could help you qualify easier for SSDI. Speak to a lawyer and get what you deserve.

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14 February 2023

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