What’s the Difference Between Permanent and Temporary Disability?

If you’ve been hurt at work and are now undergoing the workers’ compensation benefits forms, you’ll likely see words like temporary disability benefits and permanent disability benefits. Ultimately, your medical improvement will determine the types of workers’ compensation coverage you qualify for. However, these two categories can make a great deal of difference in your compensation for your work-related injury.

In general, your workers’ comp claim can get you financial compensation for medical bills, loss of wages, and future earnings loss in the case of long-term disability.

Before you begin the process, contact a workers’ comp attorney who can guide you to ensure you get the financial benefits you are legally entitled to.

Understanding the Difference Between Temporary and Permanent Disability in Workers’ Comp Cases

The main difference between temporary and permanent disability is when the injured cannot work.

Those who suffer from a temporary disability are only out of work for limited periods and, under workers’ compensation law, may only get compensation for the amount of time they are out of work or unable to work in the capacity they once did.

Permanent disability cases are a much more involved legal process. Employees may be able to return to work but in a different capacity and are entitled to different types of benefits.

Eligibility for disability benefits at both levels can be challenging, though, without the help of workers’ compensation attorneys.

What Is Temporary Disability?

A temporary disability impacts you for a limited amount of time. These injuries will keep you out of work for days, weeks, months, and potentially years, but you will ultimately recover. Further, injured patients may be unable to participate in daily activities while hurt.

Medical conditions that may qualify as temporary disabilities include:

• Broken bones or sprains
• Concussions
• Whiplash
• Back or neck injuries
• Surgery rehabilitation
• Mental illnesses like anxiety or depression
• Respiratory illness

To qualify for temporary disability benefits, you must provide medical records and medical documentation from a care provider–usually the one your employer’s insurance company requires you to see for compensation coverage. Your human resources department will have you fill out additional forms, like an accident report, to begin the process.

Under temporary disability, you essentially get wage-replacement benefits if the disability lasts longer than seven calendar days. Further loss of wages compensation is only available for a maximum payment period of 500 weeks. These weeks need not be consecutive.

For compensation programs, temporary disability is further divided into two categories: temporary total disability and temporary partial disability.

Temporary Total Disability (TTD) Benefits

In general, temporary total disability benefits are provided when a worker cannot temporarily perform their job duties. While they may be out of work for weeks, the employee can return to their position once they have healed or recovered from the injury or illness.

Payment calculation for temporary benefits is equal to two-thirds of your gross income. If you were about to receive a pay raise, you may receive two-thirds of the higher wage.

Temporary Partial Disability (TPD) Benefits

Unlike temporary total disability, workers who have qualified for temporary partial disability or wage loss temporary disability benefits can perform some, but not all, of their job duties at reduced hours or responsibilities.

Your partial disability benefits are calculated by taking the difference between your previous average weekly wage and your current part-time earnings. You’ll receive two-thirds of this difference, up to your maximum temporary disability rate.

Partial disability benefits can be a challenge to calculate, so you need medical evidence for your application process.

What Is Permanent Disability?

When an injured person has stabilized and reached maximum medical improvement but is determined to have disabilities that will prevent them from returning to their job duties, they may qualify for permanent disability benefits.

Under permanent disability benefits, you may also qualify for specific loss benefits and disfigurement benefits.

Specific loss benefits are paid when workers lose their vision or hearing due to a workplace injury. These benefits may also apply to the loss of parts of limbs or the use of limbs. Workers receive these benefits regardless of their time away from work and whether they can return to work.

Disfigurement benefits are paid when a disabled worker suffers a serious, permanent, or unsightly disfigurement to the head, face, or neck. These benefits are paid from one week to up to 275 weeks, but no set amount may be paid.

Common permanent or long-term disabilities include:

• Back injuries
• Amputations or loss of function of limb
• Loss of hearing
• Traumatic brain injuries and head injuries
• Nerve damage
• Post-Traumatic Stress Disorder and other mental injuries
• Occupational disease that has caused a chronic condition
• Aggravation of a pre-existing condition (in some cases)

Theoretically, a disabled worker could get workers’ compensation benefits for life. However, that is incredibly rare.

Permanent disability is broken down into two categories: permanent partial and permanent total disability. Permanent disability ratings are determined by the American Medical Association, and they range  from one to 100. A rating of 100 percent means that you have a permanent total disability. A rating between one percent and 99 percent means you have a permanent partial disability. It is very unlikely to receive a 100 percent rating on your disability claims without the help of an experienced team of workers’ compensation and disability lawyers.

Permanent Partial Disability (PPD) Benefits

A permanent partial disability causes the injured employee to suffer a permanent injury, but they ultimately recover enough to return to work with the permanent impairment. A doctor will ultimately determine what percentage of the body part is disabled, which can then be used in the claims process to determine when the employee can return to work.

Under the law, you can only recover up to 500 weeks of benefits.

Types of injuries that may fall under permanent partial disability are back injuries, loss of hearing, vision, or limbs, loss of fine motor skills, or a traumatic brain injury.

Permanent Total Disability (PTD) Benefits

A permanent total disability prevents a person from working. Disabilities that fall under this category include complete paralysis, total loss of mental faculties, blindness (in some occupations), and a bedridden state as a result of the injury or illness.

Permanent total disability benefits are sometimes available for life, but the injured cannot work while receiving benefits.

How Permanent vs. Temporary Disability Affects Your Benefits

A permanent impairment or temporary disability will ultimately determine the types of disability benefits you are entitled to.

Pennsylvania’s Workers’ Compensation Act requires nearly all employers to provide coverage for their employees. This coverage compensates workers for lost wages whether their disability is temporary or permanent.

This differs from Social Security disability benefits, which have stricter requirements. To qualify for Social Security disability, workers must have a severe medical condition that:

• Is permanent (lasting at least one year or resulting in death)
• Prevents them from performing their previous job
• Prevents them from adapting to other types of work

Unfortunately, Social Security Disability Insurance (SSDI) is insufficient for most workers, so they find other avenues to get the compensation they need. Further, these benefits stop once the worker meets retirement age.

The Experienced Workers’ Comp Attorneys at Munley Law Can Help You Get The Benefits You Deserve.

Injured workers and their families deserve the maximum benefits they are entitled to for their injuries. Unfortunately, the workers’ compensation system can be complex, leaving many without the benefits they deserve and rushing to return to work even if they aren’t healed.

At Munley Law, we represent injured employees. With decades of workers’ comp experience, we will ensure you get the temporary or permanent disability benefits you are entitled to.

Job injuries can be detrimental to a family, so we work quickly to gather your medical records, review the accident report, and collaborate with medical professionals to get you the medical benefits and recover the loss of earnings you may endure.

If you have questions about your temporary disability benefits or permanent disability benefits and the related eligibility requirements, call the legal team at Munley Law today for a no-obligation, free consultation.