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

An example of a Permanent Total Disability would be a man going blind from an occupational accident or disease.

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

What is Permanent Total Disability?

Permanent total disability occurs when someone has an injury that permanently results in the injured worker is unable to perform any and all types of work. If an injured worker has a permanent 100% disability, or 100% loss of wage earning capacity, there is no limit on how long they can receive their weekly benefits. The injured worker with a permanent total disability can receive weekly benefits for their lifetime. The injured worker's wage-earning capacity is permanently and totally lost. There is no limit on the number of weeks payable.

In certain instances, you may continue to engage in business or employment if your wages, combined with the weekly benefit, do not exceed the maximums set by law.

Who Qualifies for Benefits?

Any worker employed by a company covered through workers' compensation can receive benefits when injured at work. Permanent disability can include any injury that affects the ability to work and will not recover more than it has at the time of the claim.

A work-related injury can occur at a workplace or outside the usual work environment if performing a task for an employer. For example, a car accident while making a delivery, a slip and fall when sent to run an errand, or an injury occurring at a work-sponsored event could all qualify for workers' compensation.

Why is Having a Lawyer Important?

Our Permanent Total Disability lawyer can help their client file claims, get reports from a medical provider, and represent the claimant at meetings and hearings. The attorney will assist throughout the process to ensure an efficient result and get the injured worker approved for benefits. A legal advocate can improve the chances of a successful claim and reduce the physical effort and stress many people experience when they file for benefits.

How Much are the Benefits?

The benefits for injured workers vary based on the injury and the worker's income before the accident. The benefits for workers' compensation are two-thirds of the worker's average weekly wage (AWW). To determine the AWW, the compensation board uses the injured worker’s income and the 52 weeks prior to the injury. The benefit amount is paid directly to the injured person and is always tax-free.

Ouimette, Goldstein, & Andrews Permanent Total Disability Client Testimonial

"Ouimette, Goldstein, & Andrews made it possible to provide for my family again after my arm injury at work. I was frustrated with the claims process, and my employer was not helping. The staff at Ouimette, Goldstein, & Andrews got everything straightened out for me."

-Barry D., Montgomery, New York

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

Why You Need A Lawyer - A Disability Case Study

A May 2019 report published by the Center for New York Affairs detailed how the state manages the workers' compensation system. The paper listed how they feel an erosion of the program has affected the people who need its protection the most. The report noted that positive changes have occurred since 2007 but were inadequate and did not provide the protection intended. The degradation of the program since its inception has made it less about protecting injured workers and more about maximizing savings for employers and helping insurers earn higher profits.

The report detailed concerns for New York workers. Mentioned were an increase in fatal workplace accidents, the predominance of injuries occurring to lower-wage workers, and the struggle of many to access benefits because of the complications of filing claims. The system, designed to protect workers, has become intentionally complicated, has failed to promote a safer work environment, and reduces the compensation allowed to the victims.

Featured Ouimette, Goldstein, & Andrews Disability Attorney

John Lindholm, Esq. has worked with Ouimette, Goldstein, & Andrews Law since 1988. John graduated from Albany Law School and worked in litigation for five years before starting with Ouimette, Goldstein, & Andrews. He handles workers' compensation and Social Security Disability cases. John is currently a member of the National Organization of Social Security Representatives, the New York Bar Association, the Bar Associations of Dutchess and Orange Counties, and the Injured Workers' Bar Association.

Ouimette, Goldstein, & Andrews Convenient Office Locations

Our Permanent Total Disability attorneys can help people receive their benefits sooner and potentially receive more money for their injury. Our firm wants all workers to have access to reliable legal advice. We help by offering four convenient office locations for our clients.

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

Contact OGA Law Permanent Total Disability Attorneys for a Free Consultation

For over 45 years, Ouimette, Goldstein, & Andrews Law has defended the rights of injured workers. All employees should be able to continue to provide for themselves and their families after an injury. Our team has the experience to help you. Our Permanent Partial Disability attorneys can explain your rights and answer your questions about your claim. We offer free consultations at our four locations.

Please contact us today.