Guidance From Lawyers Who Care

What are the disability categories under workers’ compensation?

On Behalf of | Dec 2, 2022 | Workers' Compensation

For Kansas City residents, an injury or illness that prevents them from working can invite fear and worry as to what will happen to them in the future. Not only might they have financial difficulties from not earning their usual income, but they are also going to have medical bills. Fortunately, workers’ compensation benefits are available. However, it is important to be fully aware of the different categories a person can be placed in based on their injuries.

Types of disability and what payments can be received through workers’ compensation

There are four categories of benefits under workers’ compensation. They are temporary partial disability; temporary total disability; permanent partial disability; and permanent total disability.

With temporary partial disability, the worker will get 66 2/3% of the difference between their average wages before they were injured and what they could potentially earn while they are disabled. Temporary total disability is 66 2/3% of their average weekly wages. There is a limit based on the law and it cannot go beyond that. This is pre-tax and before other deductions.

For permanent partial disability, it is 66 2/3% of their average weekly wages before the deductions. The worker can get a lump sum, but this hinges on the injury and the disability. Permanent total disability means the worker will get either 66 2/3% of their average weekly wages with a maximum amount based on the law. They can also try to negotiate with the insurer for a lump sum payment.

Caring and professional assistance can be crucial for workers’ compensation

Permanent partial disability limits the person’s ability to do some jobs, but they can do other forms of work. It may be different from the work they did before. A construction worker could have injuries severe enough so they cannot do heavy lifting, but they may be able to do other kinds of work on their jobsite. Permanent total disability means they simply cannot work at any kind of job.

People’s injuries can vary. In some cases, they are obvious with broken bones, cuts and clearly diagnosed internal injuries. In others, it is more complicated. For example, if a person injured their back, it could be harder to come to a specific assessment. With that, disputes could arise if the worker says they are still unable to do their job and the medical provider or the insurer disagrees.

Having the support of a professional who understands what injured people are going through and empathizes with their situation can be beneficial to reaching a positive outcome. With workers’ compensation claims, it is wise to have assistance as soon as possible to assess the case and move forward appropriately as a team in trying to achieve a positive outcome.