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How Workers Comp Permanent Disability Benefits ACTUALLY Work in 2024!
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In this video I explain how permanent disability benefits ACTUALLY work. We start by differentiating between temporary and permanent disability benefits. Temporary benefits help replace your lost wages while you're out of work or working less due to your injury, but they stop once you're back to earning your regular pay. Permanent disability benefits kick in after you reach MMI, or maximum medical improvement, which means your condition has stabilized and won't improve with further medical treatment.
There are two main categories of injuries: schedulable injuries, which involve extremities like arms, legs, hands, and feet, and non-schedulable injuries, which involve core body parts like the head, neck, and back. Schedulable injuries are calculated based on a schedule of body parts, with each part assigned a value in weeks of compensation. For example, a 100% loss of use of an arm is worth 312 weeks of benefits. Non-schedulable injuries, however, are assessed based on how much your injury impacts your ability to earn a wage, considering both medical impairment and vocational factors.
I also discuss how these benefits are paid out. Schedulable injury awards are typically paid as a lump sum, while non-schedulable injury awards are paid biweekly, similar to temporary benefits. However, you might have the option to settle for a lump sum under certain conditions.
Lastly, I touch on some common mistakes, like malingering during medical exams, which can hurt your case. I advise having a knowledgeable workers' compensation doctor and a skilled lawyer to navigate the process and ensure your case is presented effectively.
Remember, each case is unique, and the path to getting your benefits will depend on your specific circumstances and injuries!
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0:00 What are permanent disability benefits?
3:14 Who qualifies for permanent disability payments?
5:40 How are permanent disability benefits calculated?
11:05 How do you get paid your permanent disability benefits?
13:28 Permanent disability mistakes injured workers make
15:25 Permanent disability pro tips
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This video is for educational purposes and does not constitute legal advice. There is no attorney-client relationship formed through interactions with this video. While examples may be given, Prior Results do not guarantee a similar outcome.
For proper legal advice and analysis of your call to set up a free consultation at 212-406-8989.
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