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Permanent Total Disability
Permanent total disability (PTD) benefits are paid to workers who are unable to work for the remainder of their lives as a result of their work injury. PTD is also paid to workers who are totally disabled as a result of the combination of any pre-existing conditions (medical conditions they suffered from before their last work injury) with their last work injury.
PTD is paid in an amount equal to two-thirds (2/3) of the employee's gross average weekly wage at the time of the injury, up to a maximum (the maximum amount payable depends on the date of the injury). PTD can be paid weekly for the remainder of the injured worker's life, or can sometimes be commuted to a lump sum. Settlements or awards for PTD (and also permanent partial disability) may affect the amount of Social Security Disability benefits a worker receives. Your attorney can advise you regarding the effect a workers' compensation disability settlement has on your Social Security Disability income.
Your attorney can also advise you regarding the expert testimony that will be required to prove permanent total disability, including medical and vocational testimony.
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