Total Disability Legal Definition
“What is Total Disability?”
Call Our Lawyers for Legal Help: 800-392-4529
Total Disability legal definition: The term total disability refers to an injury that completely impairs a person’s physical or mental capacity to perform their normal job duties. If the court deems that a person is totally disabled, that individual may be eligible to collect Workers’ Compensation and Social Security Disability benefits.
Total Disability and Workers’ Compensation Cases
Under Pennsylvania Workers’ Compensation law, employees who’ve suffered an on-the-job injury or illness that prevents them from working may be entitled to total disability benefits. There are two types: Temporary total disability and permanent total disability.
To qualify for temporary total disability benefits, a worker must have been hurt on the job and is expected to recover. They must also :
Be eligible to file a Pennsylvania Workers’ Compensation claim
File a valid workers’ compensation claim
Seek medical treatment
Temporary Total Disability benefits are generally paid once an injured worker has been off the job for a period of several days. Total Disability Benefits are equal to two-thirds of a workers’ usual weekly wages. These benefits are payable until one of the following scenarios takes place:
Your doctor deems you fit to return to work, or fit to return to work in a light duty capacity
Your doctor determines that your work-related injury or illness will not further improve. In this case, you will begin receiving permanent disability payments.
You’ve reached the limit for Temporary Total Disability Benefits in your state. The number of weeks a worker is eligible for Temporary Disability Benefits varies by state. In Pennsylvania, an injured worker may receive Temporary Total Disability payments for a total of 500 weeks.
It should be noted that after an injured worker received Total Temporary Disability benefits for 104 weeks, they may be asked to undergo an Impairment Rating Evaluation. If during this medical examination it is determined that the injury victim has less than 50 percent impairment across their whole body, they will be considered partially disabled, and will be able to collect partial disability benefits.
Read more from Pribanic & Pribanic:
“If someone has a serious case, they will get a great effort and a great outcome working with us,” award-winning attorney Victor Pribanic of Pribanic & Pribanic told Best Lawyers Magazine.