When an individual is impaired long-term from an injury, and it significantly affects their day-to-day life and work, it is known as a permanent disability. These conditions are determined after a person has reached what is called maximum medical improvement (MMI), meaning that there is no expectation of further recovery.
Types Of Permanent Disability
Permanent disabilities range from minor impairments to those that are life-altering and require extensive medical care and day-to-day life adjustments. There are two main groups that these disabilities are divided into:
- Permanent Total Disability (PTD): The individual can no longer work.
- Permanent Partial Disability (PPD): The individual has some limitations but can still work to some capacity with accommodations in place.
Both types have a significant financial and emotional impact and require individuals to adjust their professional and personal lives.
Common Causes Of Permanent Disabilities
When someone is seriously injured, it can have lasting consequences. Some of the most common reasons for permanent disabilities include:
- Severe spinal cord injuries that lead to paralysis
- Traumatic brain injuries (TBI) that impact cognitive function
- Amputations of extremities
- Severe burns that cause permanent disfigurement
- Vision or hearing loss that is caused by trauma or exposure to toxic substances
- Chronic joint damage that causes mobility limitations
Other medical conditions, such as neurological conditions or chronic illnesses, can also contribute to long-term disabilities and impact an individual’s ability to maintain a job or do day-to-day tasks.
How Permanent Disabilities Are Determined
A medical evaluation will assess whether an injury qualifies as permanent or not. Doctors will consider factors like the severity of the injury and long-term impacts, the extent of limitations it causes, and medical documentation to support the claim.
In Florida, workers’ compensation laws provide guidelines used to assess permanent disabilities. The injured person can qualify for compensation when an injury meets legal and medical requirements. It’s important to obtain as much documentation as you can to ensure your claim is taken seriously by insurers and legal professionals.
Compensation For Permanent Disability In Florida
Individuals who suffer permanent disabilities because of workplace injuries or personal injury accidents could be entitled to receive compensation, including:
- Lost Wages: compensation for current and future lost income from a job
- Medical Expenses: ongoing treatment, rehabilitation, and assistive devices
- Pain and Suffering: non-economic damages for emotional and physical distress caused by the injury
- Future Care Costs: permanent injuries often require long-term medical care and modifications to homes
Proper compensation can significantly improve one’s quality of life, especially with a permanent disability. It can cover everything from medical expenses and home modifications to ongoing therapy that helps with daily living.
Florida Laws On Permanent Disability
According to Florida state law, individuals who have permanent total disabilities are eligible for wage benefits if they can prove they are not able to engage in sedentary employment within a 50-mile radius of their residence.
In cases where there is a severe injury like spinal cord damage, brain condition, amputation, or blindness, the law presumes an individual is permanently disabled unless evidence suggests otherwise.
For permanent partial disability, compensation is based on an impairment rating, which is determined using medical assessments and state guidelines. The number of weeks an individual can receive benefits is dependent on the severity and classification of their impairment.
Filing A Permanent Disability Claim In Gainesville
If you suffered a permanent disability in the state of Florida, follow these steps to start filing a claim today:
- Seek Medical Attention: First and foremost, obtain detailed medical records that confirm your disability status.
- Gather Evidence: Collect medical records, any employment documentation available, and witness statements.
- File a Claim Promptly: Make sure to file the claim within Florida’s statute of limitations deadlines.
- Consult a Legal Professional: Trying to file a permanent disability claim can be difficult, and a legal professional can help you understand your rights.
When applying for permanent disability claims, there can be some hurdles to overcome. Insurers may challenge the severity of the disability or deny claims due to insignificant evidence. Some insurers may even attempt to limit payouts by arguing that the individual is still capable of working. In these cases, a legal representative can help.
How To Help Strengthen Your Case
Remember to do the following to support your claim and improve your chances of obtaining fair compensation:
- Obtain multiple medical opinions if your diagnosis isn’t strong.
- Document all expenses, lost wages, and day-to-day impacts.
- Work with an experienced attorney to challenge any claim denials and negotiate a better settlement.
Closely following your medical professional’s advice and documenting that process can also bolster your claim.
Contact an Experienced Personal Injury Lawyer
If you or a loved one suffered a permanent disability because of an accident, you may be entitled to compensation for your losses. Allen Law Accident & Injury Lawyers can help you file your claim and pursue damages. Call us today for a free consultation with our experienced team.
