No one should worry about the possibility of severe injury or disfigurement on the job. But regrettably, workplace accidents happen all too often. Sometimes, those accidents cause catastrophic injuries that result in permanent, life-changing disabilities.
If you suffered a permanent partial disability due to an occupational injury, you could be entitled to valuable workers’ compensation benefits. The Oklahoma City injury lawyers of Ryan Bisher Ryan & Simons can protect your rights and demand the benefits you are owed. We’re here to help you understand permanent partial disability benefits, how they’re paid and for how long, and how you can file for them. To learn more, contact us today for a free consultation with an experienced workers’ compensation lawyer in Oklahoma.
What Are Permanent Partial Disability Benefits
When an occupational injury or illness leaves an employee unable to perform the job-related tasks they did before their injury or disease, they are eligible for permanent partial disability (PPD) benefits. Unlike permanent total disability (PTD) cases, workers with permanent partial disabilities can still work to some degree.
PPD benefits are meant to make up for some differences between a disabled worker’s present earning ability and what they earned before their injury or illness. In Oklahoma, workers typically receive these benefits as weekly payments worth 70 percent of their pre-injury average weekly wages. In addition, these benefits are subject to a statewide weekly maximum amount.
How Long Does Permanent Partial Disability Last in Oklahoma?
Oklahoma workers’ comp law contains a “schedule” for compensation in disability claims. It specifies how long PPD benefits are available for a given injury or condition. For example, this schedule assigns a certain number of weeks for the amputation or total loss of use of particular body parts. But if you have a permanent disability that results in only the partial loss of use of a scheduled body part, the timeline for your benefits may be reduced based on your level of impairment.
In some cases, workers sustain permanent impairments to non-scheduled body parts, such as the back, the head, or an internal organ. These disabilities qualify for PPD benefits based on percentages of the entire body.
Common Injuries that Qualify for Permanent Partial Disability Benefits
Before you qualify for PPD benefits in Oklahoma, you must reach a stage of your recovery known as maximum medical improvement (MMI). Reaching MMI means you and your physician agree that your condition will unlikely improve with further treatment. If you reach MMI and your situation prevents you from resuming the work you did before the injury, you likely have a qualifying permanent partial disability.
While you could be entitled to PPD benefits for nearly any type of injury resulting in a partial disability, some of the most common types of qualifying injuries include:
- Severe back injuries
- Nerve damage
- Serious burns
- Carpal tunnel syndrome
- Partial loss of vision
- Permanent hearing loss
- Partial paralysis
- Amputations
- Loss of limb
Evidence Needed to Prove a Permanent Injury in Oklahoma
To claim PPD benefits in Oklahoma, you must prove that:
- You are an employee covered by your employer’s workers’ compensation insurance.
- Your condition is the result of a work-related injury.
- The work-related injury caused you to be permanently impaired.
To prove these elements, your attorney can help you identify, collect, and preserve helpful evidence, such as:
- Photos or video footage of the accident scene and visible injuries
- A written statement describing your recollection of the incident
- Comments from colleagues, supervisors, and other reliable witnesses
- Official accident reports if the incident was reported to the authorities
- Medical records of your condition and testimony from your physician
- Testimony from other expert witnesses, such as vocational specialists
- Work-related documentation, such as proof of employment and wages
- Your employer’s hiring, screening, training, reporting, and safety records
- Physical evidence, such as damaged machine parts or protective equipment
Is Permanent Partial Disability Taxable?
Generally, workers’ comp PPD benefits are not taxable at the state or federal level. However, you may need to pay taxes on portions of your PPD benefits if you receive Social Security Disability Insurance (SSDI) benefits and PPD payments. The attorneys of Ryan Bisher Ryan & Simons can help you determine whether your benefit payments may be taxable and structure your settlement to reduce that tax burden as much as possible.
How to File for Permanent Partial Disability Benefits
If you believe you have suffered a qualifying impairment and your employer or their insurer won’t agree to pay the benefits you’re owed, you will need to take these steps to address the issue:
- Initiating the claim– Your employer or insurer should ensure you get the medical care and PPD benefits you are owed. You must file the appropriate forms with the Workers’ Compensation Commission if they do not.
- Requesting a hearing– Once you have notified the Commission of your claim, you must request a hearing or pre-hearing conference with an administrative law judge (ALJ).
- Participating in discovery– If you cannot resolve your case during a pre-hearing conference, your next step is to proceed to a formal hearing and participate in discovery. This process involves the exchange of evidence and testimony between both sides.
- Negotiating a settlement– You and your employer or insurer may settle before the ALJ decides. If you cannot agree on a payment, both parties must abide by the ruling of the ALJ.
Contact an Experienced Workers’ Compensation Lawyer in Oklahoma City, OK Today
At Ryan Bisher Ryan & Simons, our workers’ compensation lawyers have stood up for injured workers for decades. So let us put our considerable resources and experience to work for you. Contact us for your free consultation to determine what qualifies as a permanent partial disability and how to apply for PPD benefits.
Get Started