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Permanent Partial Disability Benefits
Permanent partial disability benefits (PPD) are paid to injured workers who have permanent limitations or restrictions due to their work injury. PPD is usually paid in a lump sum, and is usually based on a disability rating from a doctor. Many times your attorney can negotiate a settlement without obtaining a rating from a doctor, however, depending on the type and severity of the injury.
A worker need not show total disability to obtain PPD benefits, but instead must show some type of limitation, restriction, or loss of function or use due to the injury. For example, a worker with a back injury might be able to return to work, but may have lifting restrictions, bending restrictions, or some other type of limitation. In such a case, the worker probably can show a degree of permanent partial disability and is entitled to a sum of money for permanent partial disability.
Confusion regarding PPD often occurs when a worker sustains injury to a part of the body that has been injured in the past. Employers often refuse to treat such injuries as work-related, and claim that the problems the worker now has are "pre-existing". Your attorney can advise you regarding your options if you have "pre-existing" medical conditions, including possible Second Injury Fund liability, and can help you secure an independent medical evaluation to separate the disabilities caused by each medical condition.
Your employer and/or its workers' compensation insurer is responsible for the injury caused by your work accident, even if you have had problems with the same part of your body in the past. Your employer is also responsible for any medical treatment that you require as a result of your work injury.
The amount of PPD owed to a worker depends on the part of the body injured, the severity of the injury, and the gross average weekly wage of the worker at the time of the injury. PPD benefits are also subject to a maximum amount, which varies according to the date of the injury.
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