Permanent Partial Disability vs. Temporary Total Disability
Oct. 28, 2024
When you're injured on the job, you should know the types of disability benefits available. The Law Offices of Joe Phillips help Missouri residents, including those living in St. Louis, St. Charles County, Jefferson County, and St. Louis County, understand their rights under workers' compensation laws.
With years of experience defending large corporations and representing injured plaintiffs, Patrick Joseph Phillips, Attorney at Law is well-equipped to guide you through your case. We provide the support you need to make informed decisions and secure the benefits you're applying for.
What is Permanent Partial Disability?
Permanent Partial Disability (PPD) refers to a condition in which the injured worker has sustained a lasting impairment but is still capable of working in some capacity. This type of disability results from injuries that permanently limit an individual's ability to perform certain tasks but do not completely prevent them from working.
For example, if a construction worker loses partial use of their hand, they may no longer be able to perform manual labor but can still work in a supervisory role. PPD benefits compensate for the long-term loss of earning capacity due to the injury.
What is Temporary Total Disability?
Temporary Total Disability (TTD) occurs when an injured worker is temporarily unable to work due to their injury. TTD benefits are designed to provide financial support while they recover, and they are expected to return to work once they have healed.
Consider a scenario in which a warehouse employee suffers a severe back injury and is unable to work for several months. During this period, TTD benefits would provide wage replacement until the employee can resume duties.
Differences Between Permanent Partial Disability and Temporary Total Disability
Understanding the distinctions between Permanent Partial Disability and Temporary Total Disability can help you determine which benefits you may qualify for under workers' compensation laws.
Duration of Benefits
One primary difference between PPD and TTD is the duration of benefits. PPD benefits are typically paid once the worker reaches maximum medical improvement (MMI), meaning the condition is stable and unlikely to improve further. These benefits can be paid out as a lump sum or in weekly installments. In contrast, TTD benefits are paid during recovery and cease once the worker can return to work.
Ability to Work
PPD allows the injured worker to perform some form of work, albeit with limitations. On the other hand, TTD indicates that the worker is entirely unable to work during the recovery phase.
Calculation of Benefits
The calculation of PPD benefits often involves a rating system that assesses the extent of the impairment. This rating, along with the worker's pre-injury wages, determines the benefit amount. TTD benefits are usually a percentage of the worker's average weekly wage, providing temporary income replacement.
Examples of PPD and TTD
Here are some real-life scenarios illustrating how these types of disability benefits are applied in different cases.
Example of PPD
Imagine a mechanic who suffers a severe hand injury, resulting in the permanent loss of dexterity. While they can no longer perform their previous duties, they can work in an administrative role within the same company. In this case, the mechanic would be eligible for PPD benefits.
Example of TTD
Consider a delivery driver who fractures their leg in a workplace accident. The injury requires surgery and several months of rehabilitation, during which the driver cannot work. TTD benefits would provide financial support until the driver is medically cleared to return to their job.
Missouri Laws Governing Disability Benefits
Missouri has several laws governing workers' compensation and disability benefits.
Eligibility requirements: To qualify for disability benefits under Missouri law, an employee must have sustained a work-related injury or illness requiring medical treatment, resulting in temporary or permanent disability. The injury must be reported to the employer promptly, typically within 30 days of the incident.
Medical examination: Missouri law grants employers the right to select the treating physician for a work-related injury. However, workers also have the right to seek a second opinion from a physician of their choice, at their own expense, to ensure that the assessment and treatment plan are comprehensive.
Timely compensation: Workers' compensation laws in Missouri mandate that temporary total disability benefits be paid within a specific timeframe. Typically, these benefits should commence within 14 days of the injury notification, ensuring that the injured worker receives timely financial support during recovery.
Dispute resolution: Missouri law provides avenues for dispute resolution in cases where there is a disagreement between the injured worker and the employer or insurer about the benefits. This may include mediation or hearings before the Division of Workers’ Compensation, allowing cases to be settled fairly and impartially.
How to File a Workers’ Compensation Claim in Missouri
Filing a workers' compensation claim in Missouri involves several steps:
Report the injury: Notify your employer of the injury as soon as possible. Failure to report promptly can jeopardize your claim.
Seek medical attention: Obtain medical treatment for your injury. Your employer may require you to see a specific healthcare provider.
File the claim: Submit a formal workers' compensation claim with your employer's insurance carrier. Include all necessary documentation, such as medical records and accident reports.
Await decision: The insurance carrier will review your claim and determine eligibility for benefits. If approved, you will begin receiving PPD or TTD benefits as applicable.
Appeal if necessary: You can appeal the decision if your claim is denied.
Challenges in Workers’ Compensation Claims
Workers' compensation claims can encounter various challenges, such as:
Delayed payments: Insurance carriers may delay benefit payments, causing financial strain.
Disputed claims: Employers or insurance carriers may dispute the severity of the injury or the need for certain benefits.
Inadequate compensation: Calculating benefits accurately can be complex, and workers may receive less than they are entitled to.
Difficulty in proving causation: Workers often struggle to prove their injuries result from job duties, particularly with repetitive stress injuries or occupational illnesses, leading to denied claims or reduced benefits.
Dealing with complicated procedures: Without proper knowledge or legal help, workers may struggle to understand their rights and advocate for their benefits.
Workers’ Compensation Attorney in St. Louis, Missouri
The Law Offices of Joe Phillips strives to level the playing field for those whose lives have been disrupted by catastrophic injury or wrongful death. With a background in defending large corporations and insurance companies, Attorney Joe Phillips now dedicates his practice to representing plaintiffs seriously harmed by negligence or dangerous products.
The firm serves clients in St. Louis, St. Charles County, Jefferson County, and St. Louis County. If you or a loved one has been injured on the job, call today to discuss your case and explore your options.