Unfortunately, some workplace accidents and illnesses are severe enough to cause a total disability that prevents a person from earning a living. Permanent Total Disability (PTD) occurs when the disability will prevent the individual from returning to any sort of gainful employment for the rest of his or her life. PTD benefits typically allow the individual to receive two-thirds of lost wages for the rest of his or her life with periodic supplements and increases.
How is it determined that I’m permanently and totally disabled?
There are two ways to become found to be permanently and totally disabled. Your treating physician may state that you are unable to return to gainful employment for the remainder of your life due to your injury. Otherwise, you must show that you are an odd-lot perm total, meaning that although you are not restricted from returning to work of any kind, your injury causes you such a handicap that no stable job market exists for you.
Most states and courts disfavor total disability. It can be difficult to judge that a person cannot find gainful employment anywhere, at any time. In these situations, it is wise to retain a lawyer who can carefully examine your situation and ensure you are meeting all of the total disability requirements. Often, the paperwork and documentation can be complicated and frustrating. An experienced attorney can guide you through the process, remaining focused on deadlines, documentation, and your proper compensation.
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