On-the-job injuries are common across all occupations, and injuries range from minor conditions that may require little or no medical treatment to life-altering injuries requiring multiple surgeries, amputations, and long-term medical care. Severe work injuries may leave the worker with a permanent disability. If you have suffered a severe injury while working, you may be entitled to permanent disability benefits under state law. At Nahon, Saharovich & Trotz, our Memphis workers’ compensation attorneys can advise you as to the benefits that are available to you. We have successfully represented thousands of injured workers across Tennessee, Arkansas, Kentucky, Missouri, and Mississippi, and we can strive to get you maximum recovery under the workers’ compensation laws in your state.Recovering for Permanent Disability Resulting from a Work Injury
Each state has workers’ compensation laws in place to protect persons who are injured on the job. The law usually only applies to employers who have a minimum number of employees, typically five or more. In order for an injury to be considered compensable under state workers’ compensation laws, it must have occurred during the course and scope of your employment. This basically just means that it occurred while you were clocked in and working. If you have a compensable work injury claim, you may be entitled to medical benefits, temporary disability benefits, and permanent disability benefits when appropriate. Medical benefits allow you to treat at no cost to you, and temporary disability benefits provide you with wage replacement if you have to miss work due to your work injury.
While the employer may pay your medical expenses and temporary disability benefits without much hassle, permanent disability benefits may be a different story. Permanent disability benefits come into play if you sustain a permanent impairment as a result of your work injury. Suppose you suffer a tear to your rotator cuff, requiring surgery. Though your surgery may go as planned, it is usually unlikely that the surgeon will be able to restore your shoulder to its pre-injury state. This means you will retain some permanent impairment, whether it be pain, weakness, or a limited range of motion. Your treating physician will assign you a percentage of disability, called an impairment rating, in this situation.
The amount of permanent disability to which you are entitled will vary from state to state. It will also vary from person to person, depending on how well you recover from your injury. Your pre-injury wages are another variable in permanent disability benefits, as they determine your compensation rate under the law. Our Memphis lawyers can help workers’ compensation claimants by reviewing impairment ratings, comparing them to applicable medical tables, and negotiating with the insurance company.
The next step is to determine whether you have any permanent work restrictions and are able to return to work. Common work restrictions following an on-the-job injury can include lifting restrictions and light duty work. If you are unable to return to work following your work injury, you may be entitled to additional benefits beyond the amount in the equation above. If you are unable to return to work, then factors such as your age, education, and the unemployment rate in your locale may come into play and entitle you to additional benefits. Similarly, if you return to work at a lower rate of pay you may be entitled to additional compensation.Speak with an Experienced Workers’ Compensation Attorney in Memphis or Beyond
Workers’ compensation cases can be highly complex, and there are many variables that come into play when determining the amount of any permanent disability award you receive. An experienced workers’ compensation attorney should be able to determine the value of your claim and assist you in getting the maximum amount the law allows you. If you have suffered a severe work injury which required surgery or amputation or resulted in scarring or other permanent issues, please contact NST today for a free case review. Our staff will listen carefully to the details of your case, and an experienced personal injury lawyer will review your information and speak with you about your case. Our firm has more than 30 years experience representing workers’ compensation claimants and accident victims across the South, recovering over $1 billion in compensation for our clients over the years. You may reach us now by calling 800-529-4004 or by using our online form to set up a free consultation. NST is the way to go.