If my injury is permanent, am I entitled to permanent disability benefits?

Yes. If you suffer a permanent physical impairment as a result of a work injury, you are entitled to permanent disability benefits. For most people, the maximum period for entitlement for disability benefits (both temporary and permanent) is 500 weeks. For people with disability ratings greater than 80%, the maximum period is 700 weeks.

The disability rating you are given depends on your impairment rating and whether you are able to return to work earning wages equal to or greater than your pre-injury wage. If you are able to return to work earning pre-injury wages despite your impairment, then your disability is based upon a mathematical formula which adds points to the impairment rating. Generally speaking, the older you are, the less education you have, the lower the skill level of the jobs you’ve held, and the greater the loss of physical capacity due to the accident, the higher the disability rating will be.

If you are given an impairment or disability rating that you think may be too low, your workers compensation attorney should review it to determine if it has been correctly calculated.

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