Some work related injuries cause temporary or permanent disability that prevents you from being able to work. This may be temporary while you are recovering from your injuries, or your injuries may permanently limit your ability to go back to the same work. Your injury or condition may result in permanent restrictions and limitations for which you should be compensated.
There are four types of disability in workers’ compensation cases:
If you suffer an injury and have to miss work or perform made up work duties, you should qualify for workers comp or Temporary Total Disability (“TTD”) disability benefits. Such are calculated as two-thirds of your weekly earnings or two-thirds of the State’s “average weekly wage,” whichever is lower.
Your progress will be closely monitored by your physician. When you reach the point where continued treatment cannot be expected to improve your condition, you are placed by your physician at Maximum Medical Improvement (“MMI”). When you reach MMI, temporary total disability payments come to an end.
Kentucky, unlike many other states, does not provide Temporary Partial Disability (“TPD”) benefits until you reach MMI.
Indiana provides for Temporary Partial Impairment (“TPI”). Temporary or permanent disability can be legally quite complex in both Kentucky and Indiana and it is best to speak with an experienced workers compensation attorney for a free consultation at (502) 383-3882. We will help you to fully understand workers compensation law as it applies to your case and the benefits you will be entitled to now and in the future.
If your injury resulted in a Permanent Partial Disability “PPD”, you are entitled to disability benefits in Kentucky or Permanent Partial Impairment (“PPI”) in Indiana.
If your case is not settled, an Administrative Law Judge will hear your permanent partial disability case to determine whether you are able to return to the “type of work” you performed prior to your injury and if your disability qualifies for one of Kentucky’s additional multipliers commonly referred to as the “Fawbush” analysis.
If you are able to return to work and perform the “type of work” or the same tasks you were capable of prior to the injury during your recovery there is no additional multiplier that will affect your permanent partial disability. However, if your injury has resulted in any limitation on your ability to perform work you should qualify for a permanent partial disability “multiplier.”
If you are unable to return to the “type of work” you performed previously at the same or greater income you were earning due to the injury, your permanent partial disability award should be tripled. The Judge will review other factors such as age and limited education which also serve to increase your disability benefits.
If you are able to return to the “type of work” comparable to what you were doing before the injury and earning the same or greater in wages, your benefits will be doubled if your employment ceases for any reason or than breaking the law.
In Indiana, Permanent Partial Impairment (“PPI”) is awarded when you have suffered impairment due to a work injury or occupational disease and are able to return to work, even if perhaps your ability to work is limited by your injury. If your employer will allow you to return to work in a lesser capacity or on a part-time basis you qualify for PPI in Indiana.
Indiana defines Permanent Partial Impairment or PPI as a “significant impairment, loss of use, loss of a body part or bodily function” as a result of a work related injury. Your doctor will assign a PPI rating after conducting a comprehensive Functional Capacity Examination (“FCE”). Indiana workers compensation law establishes weekly benefits for workers who are injured on the job based upon the extent of the injury and the associated areas of the body and functionality. Temporary or permanent disability is awarded differently in each state.
If you are injured at work or suffer from an occupational disease resulting in Permanent Total Disability (“ PTD”) you must be so severely injured that you cannot get or keep a job. The worker is classified as having a “complete and permanent inability to perform any type of work as a result of (their work) injury, and has an impairment rating.”
Your will not become eligible for Permanent Total Disability (“PTD”) in Kentucky until you have reached the point of Maximum Medical Improvement (“MMI”). The compensation for PTD, just like Temporary Total Disability (“TTD”), is two-thirds of your weekly earnings, or two-thirds of Kentucky’s “average weekly wage,” whichever is lower.
The compensation for an Indiana PTD can include benefits for up to 500 weeks of wages. These benefits may be available as a lump sum and the attorneys at the Jennings Law Offices will work with you to determine the best possible solution for you and your family.
Temporary or permanent disability rules can be quite complex. Our founder, Ched Jennings, has served as a Commissioner for the Kentucky Department of Workers’ Claims and has decades of experience in these matters. We invite you to review the recommendations of our clients and contact the Jennings Law Offices or call (502) 583-3882 for a free consultation and case evaluation.