Most of the time, workers’ compensation benefits provide temporary financial support for workers who get hurt or sick on the job and need a few weeks or months to fully recover from that condition. However, some work-related injuries and illnesses will unfortunately never completely go away, which means the worker may never be able to return to their old job or even be unable to hold any kind of job for the rest of their life.
In these situations, it is possible to seek permanent disability benefits through a Summerlin workers’ compensation claim. These benefits are intended to minimize the financial impact of your work-related disability. However, they are calculated differently than temporary disability benefits. So, it can be important to have help from an experienced workers’ compensation attorney when pursuing a claim of this nature.
Understanding “Permanent Total Disability” Under State Law
In Nevada, physicians treating workers who were hurt or became ill at work cannot make a determination about whether a particular worker is permanently disabled until the worker reaches “maximum medical improvement” (MMI)—which is the point at which their condition is unlikely to improve or meaningfully change any further. Once a worker reaches MMI, their physician may designate them as permanently and totally disabled if they have suffered one or more of the following injuries:
- Total loss of sight
- A serious skull injury or severe brain trauma
- Paralysis in or complete loss of two or more entire limbs
- Amputation of both arms at the elbow or higher
- Amputation of both legs at the knee or higher
- Any condition that—based on factors like the worker’s age, education, and working experience—renders them realistically unable to hold gainful employment at any point in the future
Permanent total disability benefits through Summerlin workers’ compensation claims are usually equal to two-thirds of the claimant’s average pre-injury wage, paid monthly and increased by at least 2.3 percent each year for inflation. Insurance companies can request yearly reevaluations to determine whether someone receiving these benefits is still permanently disabled, but they have the burden of proving that the claimant is no longer permanently disabled.
How Are Permanent Partial Disability Benefits Calculated?
Someone who is permanently disabled through a work-related injury or illness who can still perform at least some gainful work is eligible to receive permanent partial disability benefits through workers’ compensation for five years or until they turn 70 years old, whichever comes later. A claimant’s level of permanent partial disability is determined based on:
- The Guides to the Evaluation of Permanent Impairment, Fifth Edition, published by the American Medical Association, and
- Calculated as a percentage from one percent to 99 percent, with 100 percent representing permanent and total disability
Different formulas are used to calculate the financial value of permanent partial disability benefits during Summerlin workers’ comp claims, depending on whether the claimant’s disability rating is less than 30 percent or equal to/greater than 30 percent. Furthermore, permanent partial disability benefits are subject to yearly reevaluation, just like permanent total disability benefits.
Learn More About Permanent Disability Workers’ Compensation Claims from a Summerlin Attorney
No one deserves to suffer permanent and debilitating physical harm solely because of conditions they were exposed to at work. Unfortunately, injuries of this severity nevertheless happen every day on worksites across Nevada, including in Summerlin, Rhodes Ranch, Sovana, and Sun City. And, as you may already be learning, seeking long-term benefits through workers’ comp after being hurt so severely can be far from a simple process.
Fortunately, you have help available with your Summerlin permanent disability workers’ compensation claim from the qualified lawyers at Shook & Stone. Call today for a free consultation.
