Permanent Partial Disability Lawyers NY - Workers' Compensation Law Firm, OGA

Legal representation from a Permanent Partial Disability lawyer prevents underestimations of the severity of a case and can avoid unfair denials. Claimants will benefit from contacting a qualified and experienced lawyer as soon as an injury occurs to prevent delays in the claims process from paperwork omissions or errors.

Workers' Compensation Permanent Partial Disability Injury Law Firm Ouimette, Goldstein, & Andrews, Servings Clients of the Hudson Valley for Over 45 Years

What is Permanent Partial Disability?

A worker with a work injury that develops into a permanent impairment will have a classification with a permanent total disability, permanent partial disability, or a permanent schedule loss of use to an extremity. The severity of the disability is measured when you have reached maximum medical improvement (MMI).

Permanent partial disability is paid through workers' compensation insurance when a workplace accident causes injuries that permanently affect the ability to earn a wage. To receive this benefit, the individual must have medical proof of the disability. Workers can have a diagnosis from their doctor or an independent specialist after the insurer requests an opinion. However, differing opinions from doctors could result in the need for a hearing to decide the validity of each determination.

Who Qualifies for Benefits?

Any employed individual could qualify for permanent partial disability compensation. The employee must work for an employer required by the law to carry workers' compensation insurance or who provides the coverage without requirement. The employee must have a verifiable injury or illness occurring while performing a task related to their employment.

Non-schedulable Permanent Disabilities 

Non-schedule is a permanent disability involving a part of the body or condition that is not covered by an SLU award. This includes injuries to the:

• Spine
• Pelvis
• Lungs
• Heart
• Brain

Non-schedule benefits are based on the permanent loss of earning capacity. If the work-related accident or date of disablement occurred before March 13, 2007, benefits are payable as long as the partial disability exists and results in wage loss. If the work-related accident or date of disablement occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by the claimant's loss of wage-earning capacity. The maximum number of weeks is set forth in the statute as follows:

• 525 weeks for loss of wage earning capacity of greater than 95%
• 500 weeks for loss of wage earning capacity of greater than 90% through 95%
• 475 weeks for loss of wage earning capacity of greater than 85% through 90%
• 450 weeks for loss of wage earning capacity of greater than 80% through 85%
• 425 weeks for loss of wage earning capacity of greater than 75% through 80%
• 400 weeks for loss of wage earning capacity of greater than 70% through 75%
• 375 weeks for loss of wage earning capacity of greater than 60% through 70%
• 350 weeks for loss of wage earning capacity of greater than 50% through 60%
• 300 weeks for loss of wage earning capacity of greater than 40% through 50%
• 275 weeks for loss of wage earning capacity of greater than 30% through 40%
• 250 weeks for loss of wage earning capacity of greater than 15% through 30%
• 225 weeks for loss of wage earning capacity of 15% or less

Why is Having a Disability Lawyer Important?

Legal representation from a permanent partial disability lawyer prevents underestimations of the severity of a case and can avoid unfair denials. Many people benefit from contacting a lawyer as soon as an injury occurs to prevent delays in the claims process from paperwork omissions or errors. Our lawyers can also help when a worker receives a settlement offer. Many settlements do not provide enough compensation to cover the losses experienced. As a result, the worker may feel obligated to accept less out of fear of losing their benefits.

How Much are the Benefits? 

Injured workers with a permanent partial disability will receive benefits based on their wage and their percentage of disability. Workers' compensation pays two-thirds of the average weekly pay multiplied by the disability percentage. Workers' compensation payments are not taxed, so the injured worker keeps the amount paid to them.

Having the help of a permanent partial disability law firm can help injured employees understand the benefits of a medical diagnosis of their disability. Undercutting the percentage lowers the weekly payment and can shorten the time the individual receives benefits. Time limits for permanent disability are for 225-525 weeks, depending on the percentage determined by a doctor.

Additional payments for the loss of use of the disabled body area can also occur. Two types of these payments exist, a schedule and a non-schedule loss of use. The category type will depend on the permanently disabled part of the body. For example, another type of permanent partial disability is the schedule loss of use. Under workers' compensation, a schedule loss of use can apply to a permanent partial disability to the extremities, loss of vision, or loss of hearing.

Contact us today and our lawyers will be happy to review a schedule of loss as it pertains to your needs.

Ouimette, Goldstein, & Andrews Convenient Office Locations

Working with an attorney can help people receive their benefits sooner and potentially receive more money. We ensure all workers have access to our attorneys by offering four convenient office locations. Our locations include:

• 88 Market Street in Poughkeepsie NY
• 843 Union Avenue in New Windsor NY
• 100 Crystal Run Road, Suite 112 in Middletown NY
• 2 Executive Boulevard, Suite 410 in Suffern NY

Additional References

• Under-reporting of Work-related Disorders in the Workplace - A Case Study
• Determining Permanent Impairment and Loss of Wage Earning Capacity  - NY Workers' Compensation Defense