A common misconception is that Workers’ Compensation claimants who will never be able to go back to the type of work they were doing when they were injured are permanently totally disabled. This is usually not the case.
In order to be classified with a permanent total disability most Law Judges require that the claimant demonstrate no earning capacity. This means that even those with severe injuries may not qualify for permanent total disability.
The disability, it must be remembered, pertains to an inability to perform work generally available. It is possible that a Law Judge could find a claimant who is confined to a wheelchair only partially not totally disabled. This may be the case if that person has skills and training that would allow him or her to perform sedentary or desk work.
Industrial factories should also be considered when classifying permanent partial or permanent total disability. Without experienced counsel to represent your interests it is very difficult to secure the maximum benefit for your claim.
If you have questions regarding whether or not you are permanently totally disabled, please feel free to contact us.
