PERMANENT DISABILITY IN WORKERS COMPENSATION: An explanation from Attorney Nathan Howser

Permanent disability refers to the percentage of disability that results from a work injury. The phrase permanent disability does not necessarily mean that a person will never return to work. When a work injury results in a person not being able to return to any type of work whatsoever, or permanently removed from the labor market, that usually refers to permanent TOTAL disability.
In most Worker’s Compensation cases, work injury results in permanent PARTIAL disability. Allow me to explain.
When a doctor determines that a person has reached maximum medical improvement or is otherwise released from medical care, the doctor will assign a permanent disability percentage for each body part that was injured as a result of the work injury.
A doctor can give permanent disability for each body part injured AND body systems that have been injured as a result of the work injury.
FOR EXAMPLE,
- If a person sustained an injury to the neck, an orthopedic doctor could assign permanent disability for the neck once that person has reached maximum medical improvement.
- If that neck injury has contributed to, worsened or caused high blood pressure for that injured worker, another doctor in the field of internal medicine could assign permanent disability for the high blood pressure as well.
When we have the percentages of permanent disability assigned for each body part or body system affected by the work injury, those percentages are included in a formula which take into consideration
1. The body part or body system affecte
2. the injured workers occupation
3. and the injured workers age
The percentages of permanent disability for each body part and body system are then combined using a combined values chart.
The total combined permanent disability percentage that a person has suffered as a result of the work injury will correspond with dollar value calculated to the last penny.
On the screen is an example of a rating of permanent disability suffered by one of my past clients. In that case, the permanent disability for all injuries totaled 47% after rated with the formula.
- We see that for the first disability, the doctor gave a 10% for the right shoulder, and after the formula comes to 13%.
- The doctor gave a 7% for the low back, after the formula taking into account her age and occupation that 7% comes to a 10%
- lastly, for the left knee and in this case the person underwent a total knee replacement, the permanent disability percentage was 21% and after the formula comes to 32%
- looking at the combined values chart, those three values combined, not added, which yield a 47% disability.
When we look at the permanent disability money chart, for this particular person, we see that 47% Permanent Disability has a dollar figure of $72,500.00.
Every case is different but disputes arise in almost every case regarding the level of permanent disability that the injured worker has suffered.
Our number one priority in early in a Worker’s Compensation case is to get you the medical care necessary to treat your work injuries from the best doctor available, and when you have reached maximum improvement, to maximize the permanent disability that you are owed because of your injuries.
If you have questions about your Worker’s Compensation case or the permanent disability that a doctor has assigned to your injuries, please call or text [phone] on the screen and will be happy to give you an evaluation of your case completely free.

[rouguy]

Hello! I had two knee surgeries for an injury at work, still having pain and not getting better. In my claim I also have synovitis, depression and panic attack disorder. I am worried that I won’t get better specially from my mental issues. Do I have any chance to get permanent total? Thanks

[edwardkareem]

Great video I love it help me a lot but today I went to my doctor and they release me from care they wrote on the document they gave me p and s they also give me a restriction of no prolong bending stooping or climbing my weight registration is no more than 40 lb is this the same as MMI are they going to cut my bi-weekly checks

[mariagarroyo]

Hi, if I start receiving Permanent disability that is mean that I can't close my case with a lump sum ?

[havenpersonalcare]

Hi Nathan; I sustained a TBI in 2007 while working for Sheriff Department; I was rated 78% permanent disabled in 2009; I'm currently receiving a monthly pension of $590 due to my injury with lifetime medical. The insurance is not mandated to due a buy-out; but I'm relocating overseas with my family. What are the chances of getting a buy-out from the insurance? Any recommendation? The lawyer I've worked with has no interests on looking into the matter.

[lallybamrah]

Hi iam injured at work my right hand middle finger cut and my docter give rating me 100 parmanent partial disbilty what is the status of my case i living at milwaukee pl tell me urgently