Workers who sustain an injury arising out of employment and while in the course and scope of employment, including coming and going from a work parking lot even if clocked out or while traveling, are generally entitled to worker’s compensation benefits. When their injuries permanently prevent gainful employment, they may be entitled to “permanent total disability” benefits, or PTD. PTD benefits are a lifetime benefit that is paid weekly at ⅔ of the worker’s gross wages prior to the injury. This is in addition to Social Security Disability benefits, and receipt of worker’s compensation PTD does not reduce Social Security Disability benefits in Wisconsin. The injured worker is also entitled to payment of reasonable and necessary medical expenses.
Permanent total disability benefits are available to workers who are permanently unable to return to work due to restrictions caused by injuries to the head, neck, back, or torso, injuries to a body system, or mental injuries that render them unable to return to work. Obtaining PTD benefits can be challenging and typically requires extensive medical documentation to support an injured worker’s claim. PTD benefits are rarely conceded by a worker’s compensation insurer unless it is a catastrophic and undeniable injury, such as quadriplegia, amputation of more than one limb, or an extremely serious head injury. However, PTD benefits can be successfully claimed for less than catastrophic injuries, such as significant permanent restrictions to the spine due to low back or neck surgery, significant permanent restrictions because of post concussion symptoms, or significant permanent restrictions due to torso or organ damage.
If you suffered a serious work injury that resulted in permanent disability, permanent wage loss, or significant lost time from work and your worker’s compensation benefits were denied or you have not received all the benefits you are entitled to, Kingree Law Firm can help.
Kingree Law is an experienced and highly sought-after Wisconsin workers’ compensation law firm. Led by founding attorney Luke Kingree, it has earned its reputation of skill, knowledge, and quality case preparation that produces results. Contact us today to schedule an appointment to discuss your situation.
An injured worker can be considered permanently and totally disabled when they are no longer able to gainfully work due to a severe workplace injury and have suffered a complete or near-complete loss of their earning capacity. The injury must result in significant permanent restrictions to the head, neck, back, or torso.
Certain workplace injuries are presumed to result in permanent total disability, such as the loss of both arms, both legs, or both eyes. Other severe injuries to the head, neck, back, or torso, and certain mental injuries also qualify an injured worker for permanent total disability benefits.
Generally, permanent total disability benefits are only available to people who suffered severe injuries to the back, head, neck, or torso, people who experienced injury to a body system, or people who experienced severe mental injuries that render them unable to return to work. However, Wisconsin courts have also recognized an injured worker’s right to PTD benefits for a combination of workplace injuries, even if those injuries occurred at different times. To qualify, a measurable portion of the total disability must be attributable to an injury to the head, neck, back, or torso, a body system, or certain mental injuries.
Injured workers who experience complex regional pain syndrome (CRPS) may be eligible for PTD benefits if they have a spinal cord stimulator implantation that results in permanent restrictions due to implantation of the device. This is a common issue, as CRPS is a debilitating and unfortunately common condition for people with serious trauma to their feet and hands.
Wisconsin authorizes four types of permanent total disability benefits.
Kingree Law Firm represents people who have suffered a serious work injury that has resulted or will result in permanent disability, permanent wage loss, or significant amounts of lost time from work, and whose worker’s compensation benefits were denied or who have not received all the benefits they may be entitled to.
Kingree Law Firm is known for its quality case handling, client satisfaction, and deep knowledge of Wisconsin’s worker’s compensation law. Our highly experienced attorneys regularly achieve superior results on behalf of our clients. As a result of our past successes, our lawyers have been selected to Wisconsin’s list of Super Lawyers and Rising Stars, a distinction awarded to only 2.5% of practicing attorneys.
Navigating the complexities of Permanent Total Disability (PTD) benefits in Wisconsin can be challenging, especially for those dealing with severe injuries. It’s crucial to understand the benefits you may be entitled to and how a skilled attorney can help. The worker’s compensation team at Kingree Law Firm is dedicated to advocating for injured workers and preparing cases that can be won. To learn more, contact Kingree Law Firm today to schedule an appointment to discuss your situation.
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