Permanent Total Disability: What Does It Mean in Workers’ Compensation?
Permanent Total Disability refers to those who have suffered injury or illness at work. As a result of this disability, you are unable to work on your own or any occupation where you have training. As such, in Florida, you may be eligible for Permanent Total Disability benefits under Florida’s Workers’ Compensation laws.
Legal Definition of Permanent Total Disability
According to the Blake v. Merck & Company, Inc. (1 D09-5464, September 7, 2010), A Judge of Workers’ Compensation Claims is the person that determines if you are permanently and totally disabled. For this designation, you have to prove any of the following three elements:
- Permanent Medical Incapacity. You cannot engage in at least sedentary employment, within a 50-mile radius of the employee’s residence, due to physical limitation
- Permanent Work-Related Physical Restrictions. These restrictions coupled with an exhaustive good faith job search resulting in not being able to find employment.
- Permanent Work-Related Physical Restrictions. While not alone totally disabling, the restrictions keep you from engaging in at least sedentary employment when combined with vocational factors.
How Do You Prove Your Disability?
So how can you prove your disability? If you can provide evidence that you tried hard after your work accident to get a job, but you couldn’t. Your evidence will show a Judge of Compensation Claims that you can no longer work.
Additionally, we believe that sometimes you will not have to prove that you could not get hired because of your permanent work restrictions. You can prove that you looked for a hundred or more jobs and were not hired.
Our office can assist you with keeping track of your job searches with job search forms. Our dedicated team of Jacksonville Workers’ Compensation Attorneys will help you through the process.
Job Placement Services
Often, insurance companies use vocational job placement services to combat permanent total disability claims. They pick conservative doctors for your visit. Their hope to get medical evidence that favors the insurance company.
However, it is important that the injured worker has an advocate fighting for them. Someone that will work for your needs, not the insurance company.
Our Workers’ Comp Lawyers at Harris Guidi Rosner, PA are available for a free consultation. We can address any questions you may have.
So, if worries that your injury may prevent you from returning to work, give us a call. Get your free consultation at (904) 777-7777 or email us at mills@harrisguidi.com to discuss your case.
