Types of Disability Benefits in DC Workers’ Compensation Claims
If you have been injured while working, it is imperative that you contact a knowledgeable workers’ compensation attorney. Your lawyer can examine the facts surrounding your case, and determine which of the different types of disability benefits in DC workers’ compensation claims best suits your case. Consult an experienced legal advocate today, and know that you are in capable hands.
What Constitutes Temporary Total Disability?
One of the types of disability benefits in DC workers’ compensation claims is temporary total disability. Temporary total disability would be a disability in which someone is unable to do any gainful work as defined by whatever job they are doing. For instance, if someone is a construction worker and they break their legs, they will be unable to perform that job for a period of time. That means it is total.
Disability is considered temporary while an injured worker is in active medical care and his condition is still improving. Once the injured worker has reached maximum medical improvement and a medical expert determines that his condition is not likely to improve, his impairments (whether minor or serious) are considered permanent.
Understanding Permanent Disability Cases
Another one of the different types of disability benefits in DC workers’ compensation claims is permanent partial disability. Permanent partial means that a person is permanently disabled, but it is a partial disability. If somebody is permanently disabled and gets a determination of total permanent disability, they can get a scheduled award as well as access to a fund to pay for ongoing medical needs. If it is determined that someone is permanently disabled, they are entitled to a lump sum payment based on the total disability.
As that relates to disability, if someone is totally disabled and render disabled through social security disability, the person gets Medicare and social security disability. Through social security disability, the person gets Medicare and the Medicare covers the needs going forward for medical care. The workers’ compensation gives the person a lump sum payment that is designed to compensate for their injuries moving forward.
Injuries That Cause Permanent Damage
By and large, it is the neck, back, knee injuries, and shoulder injuries that often result in permanent partial disability claims. For instance, somebody hurts their shoulder on the job, they have to get a surgery, and after a surgery, they recover but not fully because they have a restriction in range of motion of the shoulder. That would be an example of a permanent disability because the injury is not going to get any better, but it is only partial. They can still function to a certain extent.
Social Security Disability vs. Private Disability
Any determination about state disability is going to be related to a separate claim. If someone is working, they cannot get a disability. If they are determined permanently and totally disabled, the will probably have a claim for disability, but it does not mean that they get disability determinations. They are separate claims that have two separate adjudicatory bodies.
What Are Public Disability Cases?
Public disability cases often entail someone finding an insurance company that will allow them to carry disability files. Some people get theirs through work and some people carry their own disability coverage if they are disabled. As soon as someone becomes disabled, they are entitled to private benefits that they can contract for with the insurance company. Contracting for disability insurance means that the company will pay a certain amount per month or per year for their disability.
Public security is known as social security disability which is done through Medicare. Even though someone is not Medicare-eligible, they still go through the disability process with federal social security. If they are totally incapable of working, they can file a claim for disability through federal social security to be guaranteed a monthly benefit alongside Medicare benefits.
Value of Speaking With a DC Workers’ Compensation Lawyer
Sustaining an injury on the job can have life-altering consequences. Depending on the severity of the injury, you could find yourself incapable of working for an extended period of time, or sometimes an indefinite period of time. During this period of time, your only concern should be recovering, which is why it is important to work with a compassionate workers’ compensation attorney. Your lawyer can help you determine which of the different types of disability benefits in DC workers’ compensation claims works best for you. Contact an attorney that can attempt to achieve a positive outcome for you.