If you suffer an occupational injury or illness that permanently alters your ability to work in New York, you could be entitled to permanent partial disability (PPD) benefits. But what is permanent partial disability, and how do you claim PPD benefits?
In the context of workers’ compensation, a permanent partial disability is a lasting injury that limits your ability to work. It doesn’t prevent you from working entirely, but it does mean you can no longer perform your job as before.
New York’s workers’ comp system offers two types of PPD benefits: schedule loss of use (SLU) and non-schedule loss awards. The type and amount of PPD benefits you can receive depends on your injury and how much it limits your ability to earn income.
Schedule Loss of Use (SLU) Awards
An SLU award compensates you for a permanent loss of function in a specific body part. If you injure your arm, leg, hand, or another listed body part, you could qualify for an SLU award.
To qualify for SLU benefits, your doctor must first confirm you’ve reached maximum medical improvement (MMI). This means your injury is stable and won’t improve with further treatment. The doctor will then evaluate how much function you’ve permanently lost in the injured body part and report this loss of function as a percentage.
The Workers’ Compensation Board uses this percentage to calculate the number of weeks you can receive benefits. A schedule limits SLU payments to a maximum number of weeks for each body part. Compensation varies based on your average weekly wage and loss of function.
Non-Schedule Loss of Use Compensation
Non-schedule loss of use compensation covers permanent disabilities that affect body parts not listed as scheduled loss of use injuries. These injuries include conditions affecting the spine, lungs, brain, or heart.
Non-schedule loss awards focus on how the injury impacts your ability to earn a wage. To qualify for these benefits, you must have a doctor confirm that you have reached MMI and assess how much your injury limits your capacity to work.
The Workers’ Compensation Board then determines your loss of wage-earning capacity. The greater your loss of wage-earning capacity, the more weeks of benefits you can receive. Compensation can last up to 525 weeks, depending on the severity of your disability and loss of earning potential.
Calculation and Payment of Permanent Partial Disability Benefits
For scheduled injuries, SLU percentages play a key role in calculating permanent partial disability settlement amounts. Your doctor will determine the percentage of function you lost in the injured body part. The Workers’ Compensation Board then uses this percentage to decide how many weeks of benefits you’ll receive. For example, if you have a 25 percent SLU for your arm, you’ll receive 25 percent of the maximum 312 weeks allowed.
Compensation for non-scheduled injuries works differently. These injuries involve body parts that aren’t on the schedule. Compensation for these injuries depends on your loss of wage-earning capacity, not a specific percentage. The greater your loss of capacity, the more weeks of benefit payments you receive.
If you qualify for PPD benefits, you can choose between regular workers’ compensation payments or a lump sum. Regular payments offer steady income but take longer to receive. A lump sum provides immediate payment, which can cover large expenses. However, once you take a lump sum, you won’t receive additional weekly payments. A workers’ compensation attorney can help you weigh your options and make the choice that suits your circumstances.
How a Lawyer Can Help with Your Permanent Partial Disability Claim
A lawyer can handle every aspect of your permanent partial disability claim while you focus on your health. They can help you obtain the correct medical evaluations and verify that your SLU percentage or lost earning capacity determination is accurate.
If the insurance company disputes your claim or percentage, a lawyer can represent you during hearings and appeals. They can also negotiate with insurers to secure the benefits you are due and help you decide between lump sum and regular payments. Having legal support substantially increases your chances of maximizing benefits and minimizing delays.
Contact a New York Workers’ Compensation Attorney Now
If you need help with your permanent partial disability claim, contact Fusco, Brandenstein & Rada, P.C. today. We offer free consultations to discuss your case and explore your options. Call us now at 516-496-0400 to speak with a workers’ compensation lawyer and move forward with your disability claim.