The types of temporary and permanent disabilities
After a workplace accident, a worker may have serious permanent and temporary disabilities. The workers’ compensation system offers different totals of compensation to people with these disabilities. Learn more about what types of benefits are available to you after you experienced a disabling event.
Temporary partial disability
Temporary partial disability benefits (TPD) are wage benefits intended to provide compensation to an injured employee who suffers a work-related accident but can return to work with restrictions. The TPD benefit is about 66.6 percent of the difference between the worker’s pre-injury wage and his post-injury wage. An employee seeking TPD benefits has a duty to market any remaining work capacity. This means that the worker must seek any employment that they are able to perform.
Temporary total disability
Temporary total disability benefits (TTD) are wage benefits intended to provide compensation to an injured employee who suffers a work-related accident by paying the employee a wage comparable to that earned at the time of injury. To be eligible for TTD benefits, the employee must be totally incapacitated due to a work-related injury. TTD benefits are limited to 500 weeks and are exempt from creditors’ claims, except for child support and spousal support.
Permanent total disability
Permanent total disability benefits (PTD) are benefits paid to a worker for life for an accident that resulted in permanent and total incapacity. A permanent total disability has occurred when an accident results in:
- The loss of both hands, both arms, both feet, both legs, both eyes, or any two thereof in the same accident
- Injury resulting in total paralysis, as determined by the commission based on medical evidence
- Injury to the brain which is so severe as to render the employee permanently unemployable in gainful employment
Most PTD claims are not determined until after the employee has exhausted the 500 weeks of TTD payments.
Permanent partial disability
Permanent partial disability benefits (PPD) are benefits intended to compensate a worker for the loss of use of a body part. PPD benefits are paid regardless of the employee’s ability to return to work. This benefit is not based on lost earning ability but is regarded as an indemnity to the employee for the loss of use of a body part. PPD benefits are not paid until the injury has become permanent (i.e., maximum medical improvement and the degree of loss can be medically determinable). The amount paid under a PPD claim depends on the body part injured and the degree of the loss of use. For example, the loss of an arm is worth 200 weeks of compensation. Therefore, if a worker loses 20 percent of the use of an arm, they are entitled to their average weekly wage for 40 weeks.
Talk to an attorney to learn more about your available benefits
At Hunter & Everage, we review our clients’ workers’ compensation claims and give them a reasonable idea of what they can expect in terms of benefits. Our attorneys have more than 35 years of workers’ compensation experience, and they can help you navigate the complex process. You can contact our Charlotte, North Carolina, or Richmond, Virginia, office to schedule your free consultation. Call our Charlotte office at 704-251-2945 or our Richmond office at 804-297-0838. You can also reach us by using the contact form.