If you suffer a loss of earning capacity that results in a total loss of earning power, you are entitled to permanent total disability payments. There is no 300 week cap as there is with permanent partial disability payments. Payments are made over the life of the employee so long as the employee remains totally disabled.
Example: Employee has an average weekly wage of $550.00. $550.00 x 66% = $366.63 (weekly rate). Employee is entitled to a payment of $366.63 per week as long as he or she remains totally disabled. Total disability benefits per year would be $19,066.48 per year.
Permanent total disability claims are frequently litigated because the costs of the lifetime benefits. As you can see in the example above, consider an employee living 25 years, the employer/insurer would pay out $476,662.00 plus ongoing medical treatment if necessary. Insurance companies will fight to make sure you are NOT totally disabled.
Putnam Law Offices has represented numerous injured workers with permanent total injuries. Here is a link to a case involving the employer/insurer’s appeal of an award for permanent total disability payments.
You should call as soon as possible to discuss the nature of your injuries to determine if you qualify for benefits.
Call and find out what your rights are. There is no further obligation and the call is free.