In the state of Missouri, if you are injured or become seriously ill due to a work-related accident, you become eligible for workers’ compensation benefits. If your injuries are serious and you require an extensive amount of time away from work, it’s in your best interests to file for workers’ compensation disability benefits. Doing so will give you the time you need to recover while allowing you to keep providing for your loved ones.
There are three different types of workers’ compensation disability benefits in Missouri: temporary, permanent total, and permanent partial. By law, employers are required to offer all three types. Which type you file for will depend on your needs as well as the nature of your injuries or illness. If your injuries have caused extensive or permanent damage to the point where you’re no longer able to work and don’t foresee being able to work in the future, you will need to file for permanent total disability. These benefits will continue for the rest of your life unless your condition or situation changes.
Unfortunately, between the rigid requirements that most workers’ compensation insurance companies have and complications that arise when insurance companies try and keep employees from gaining disability benefits in order to protect their bottom lines, it can be difficult to get permanent total disability. Your insurance provider and workplace might work together to deny your claim, stating that you’re ineligible. With the help of a Columbia, MO permanent total disability lawyer, this can change.
What Factors Determine Who Gets Permanent Disability Benefits?
- Your age, education level, and work history can and will most likely be factors in determining whether you are permanently and totally disabled.
- Permanent total disability benefits can be paid on a weekly basis over your lifetime or you can negotiate a lump-sum settlement amount.
- Permanent partial disability cases most often require evaluations from doctors, vocational experts, and other experts regarding the extent of your disability.
The Complicated Requirements of Permanent Total Disability
The most complicated requirement of gaining permanent total disability is proving that you’re completely and permanently disabled. A major question in determining if you are permanently and totally disabled is whether any employer in your usual course of business would reasonably be expected to employ you in your physical condition.
This does not mean that you have to be completely unable to perform any physical activity at all. Instead, the determination is whether you are able to compete for employment in the open labor market. The phrase “reasonably be expected” is where many disability claims get hung up due to the fact that every workplace and industry can have varying expectations.
Additionally, a certified physician is required to demonstrate that you are permanently and totally disabled. In most cases, you will need to be evaluated by more than just a physician to prove your case. Some doctors will be more hesitant to agree to your disability status than others. Many total disability claims are denied during this stage.
A Columbia, MO Permanent Total Disability Lawyer Can Help
Repeated disability claim denials can be incredibly frustrating and can prevent you from providing for yourself and your family. You don’t have to suffer alone. Help is available. With legal assistance, you can fight back against your denied claim or claims and get the compensation you need.
Thomas Law Offices has experience in proving permanent total disability cases. With a proven workers’ compensation attorney from our firm on your side, you can fight back against a total disability claim denial and force your workplace’s insurance to grant you the benefits you deserve. Contact our office for a free consultation or to ask any questions you may have.
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