What Is a Permanent Partial Disability in Workers’ Comp?
Workers’ compensation benefits assist injured workers during their recovery by paying medical expenses and wage assistance. However, Permanent Partial Disability (PPD) in Alabama workers’ compensation law refers to a situation where a worker has sustained a lasting impairment from a workplace injury but is not completely disabled from working.
It means the injured worker has a permanent impairment that affects some body part or function but does not result in total incapacity. Understanding permanent partial disability benefits helps workers know what to expect for future compensation. It allows them to plan for their financial future effectively.
Permanent Partial Disability Benefits in Alabama Workers’ Compensation Cases
PPD benefits compensate injured workers for the loss of use or function of specific body parts or for a general impairment affecting the body as a whole. These benefits are distinct from Temporary Total Disability (TTD) benefits that pays workers while they are recovering, and Permanent Total Disability (PTD), which covers workers who are fully unable to work due to their injury.
Under Alabama Code §25-5-57, PPD benefits are awarded after a worker reaches Maximum Medical Improvement (MMI). MMI occurs when the worker’s condition is stable and not expected to improve further with treatment. If a permanent impairment exists after reaching MMI, a physician will assign an impairment rating, usually expressed as a percentage.
Alabama law recognizes two categories of permanent partial disability:
Scheduled Injuries
Injuries to specific body parts listed in the statute, such as arms, legs, hands, feet, fingers, toes, eyes, ears, and others. Each body part has a set number of weeks of benefits assigned. For example, the loss of a thumb is scheduled to receive 62 weeks of benefits, and the loss of an entire arm is scheduled to receive 200 weeks of benefits.
The compensation awarded depends on the percentage of impairment to that body part.
Unscheduled Injuries
Injuries that impair overall function (like back injuries) are evaluated differently. Benefits are based on loss of wage-earning capacity rather than a fixed schedule. Payments are made over a statutory period.
How Are Permanent Partial Disability Benefits Calculated in Huntsville, AL?
Calculating PPD benefits for a workers’ comp claim depends on several factors, including:
Impairment Rating
When you reach maximum medical improvement, your doctor assigns an impairment rating. Doctors use accepted guidelines, such as the AMA Guides to the Evaluation of Permanent Impairment, with state-specific modifications to evaluate impairments.
Weekly Benefit Rate
The weekly benefit rate for workers’ comp is based on two-thirds of the worker’s average weekly wages before the injury. The amounts are subject to state minimum and maximum limits.
Duration of Payment
For scheduled injuries, the duration of payment depends on the body part and the impairment rating. For example, a total loss of an arm is 200 weeks. Therefore, you would receive 200 weeks of compensation based on your average weekly wages.
However, suppose the impairment rating for your arm is 50 percent. In that case, you receive 100 weeks of benefits (200 x 50%).
For unscheduled injuries, the compensation is based on your average weekly wages and the percentage of impairment. Generally, PPD unscheduled benefits are limited to 300 weeks.
Disputes Regarding Permanent Partial Disability Claims
Obtaining fair compensation or workers’ comp settlements in a workers’ compensation case can be challenging, especially when filing for permanent partial disability benefits.
Common issues that arise during PPD cases include:
- Disputes about the impairment or disability rating issued by the treating physician
- Disagreements about the worker’s ability to return to work or perform other gainful employment
- Pressure from the insurance company to accept a low settlement offer
- Disputes related to calculating a worker’s average weekly wages
- Complexity related to calculating benefits for non-scheduled injuries
These challenges can leave injured workers at risk of receiving less than what they deserve.
How Can an Attorney Help?
Workers who sustain permanent injuries benefit from legal representation by a Huntsville workers’ compensation attorney. An experienced personal injury lawyer can do the following:
- Help injured workers interpret and understand Alabama’s workers’ comp laws.
- Guide the worker through the complicated process of applying for permanent disability benefits.
- Assist a worker in obtaining proper medical evaluations to accurately determine their disability rating and negotiate a fair settlement with the workers’ comp insurance provider.
- If necessary, a lawyer can file an appeal and represent the worker at hearings to argue their case in court.
Navigating permanent disability claims in Alabama can be overwhelming without skilled guidance. A Huntsville workers’ compensation attorney provides crucial support at every stage.
Getting Help With a Workers’ Compensation Claim in Alabama for Permanent Impairments
If you are dealing with a workers’ compensation claim in Alabama, consulting an experienced Huntsville workers’ comp attorney like those at the Belt, Bruner & Barnett Personal Injury Lawyers can help ensure your benefit calculations are correct and your legal rights are protected.
Reach out today to schedule a free consultation with an attorney.
We serve Shelby County, Madison County, Montgomery County in Alabama, and its surrounding areas. We are located in Birmingham, Huntsville & Montgomery.
Belt, Bruner & Barnett Personal Injury Lawyers – Birmingham Office
880 Montclair Road, Ste 300,
Birmingham, AL 35213
(205) 973-6417
Belt, Bruner & Barnett Personal Injury Lawyers – Huntsville Office
116 Jefferson St. Suite 207
Huntsville, AL, 35801
(256) 781-9242
Or find us with our GeoCoordinates: 34.73159361945047, -86.58690898412395
Belt, Bruner & Barnett Personal Injury Lawyers – Montgomery Office
7 Clayton St, Suite 200,
Montgomery, AL 36104
(334) 518-6098
Or find us with our GeoCoordinates: 32.373594220209505, -86.3092041262694