Permanent Disability (PD) results when your treating doctor determines that you will never fully recover from your work-related injury. This means that you will always be limited in the work you can perform.
How is PD Determined?
In the majority of cases, PD is generally not determined immediately following an injury. Depending upon the nature of the harm, a specific course of treatment will usually be prescribed to heal the damage, and could include medication, rehabilitation, physical therapy, and even surgery. At a predetermined point your doctor will evaluate the effectiveness of the treatment(s), and may decide that your condition is neither improving nor degrading. At that point a P&S report will be issued.
What is a P&S Report?
A Permanent and Stationary report is issued by your doctor when it is determined that you have reached maximal medical improvement (MMI). That means that your condition will not improve with active medical treatment, but that you may require on-going medical attention in the future.
This is when the assistance of an experienced attorney is especially beneficial. The P&S report must contain specific descriptions of your medical issues and the possible future impact on your earning potential.
For example, the report must contain:
- Work restrictions – descriptions of mobility limitations, pain levels, and the number of hours you are permitted to work each day
- An evaluation of whether or not you can return to your job
- An estimate of how your job affects your disability compared to the impact of your lifestyle
- An assessment of medical care that may be required in the future related to your injury
If any of these factors are missing or unclear, a significant delay in receiving benefits could result. My team will confirm that all the necessary information is included in the P&S report and that your benefits application is completed and filed in a timely manner.
Financial Benefits
Having a permanent disability does not mean that you cannot work. It may require your employer to make modifications in your work hours or to change the physical work environment to accommodate your reduced capacity. It may mean that you need to be trained for a different type of job. You don’t have to be unable to work to be eligible for PD benefits.
However, you need to understand that your disability may limit your overall earnings, since you might not be able to perform as you did prior to the work-related injury. PD benefits may not cover all the income lost due to your injury. Our office specializes in structuring a settlement that is advantageous to you on every level, from keeping you productive to ensuring that you get the on-going compensation you deserve.
When you book a consultation we will examine all the factors of your case, and tell you if we believe you might be eligible for PD benefits. By structuring your case correctly from the beginning, we can help you avoid unnecessary denials of treatment or delays in compensation.
