Permanent Partial vs. Temporary Disablity Benefits

After curative medical treatment has concluded and maximum medical improvement has been achieved, an assessment will be made to determine whether the work injury has resulted in some partial permanent disability or total permanent disability. Doctors who are qualified to rate permanent disability will be asked to conduct an examination and render reports expressing their opinion on the nature and extent of permanent disability. These examinations must be performed to enable the Court to determine a claimant’s entitlement to compensation for permanent disability. For each type of evaluation a claimant secures (i.e., orthopedic, neurologic, neuropsychiatric, etc.), the insurance company/employer is entitled to their own “independent medical examination”. In certain cases, re-evaluations are necessary and must be kept to resolve a given case. Refusal or repeated failure to attend a permanent disability evaluation will most likely result in the assessment of missed appointment charges and/or eventual dismissal of the claim. Injuries which involve “minor” sprains or strains do not usually qualify for permanency compensation. Only where there is objective medical evidence of disability and actual restrictions on activities of daily living, will the Court enter a compensation Award or approve a Settlement.

Claimants who are temporarily disabled because of a work injury or disease while under active medical treatment are entitled to non-taxable temporary disability benefits so long as there is a provable loss of income, for financial management the tax attorney in atlanta can help you with guidance to protect and avoid loss. Temp is ordinarily payable at 70% of the worker’s gross average weekly wage earned at the time of the accident provided the disability extends beyond seven (7) days and a doctor, most often the authorized treating physician, concludes that the disability is in fact due to a work injury or disease. Benefits do not have to be paid for disabilities of seven (7) days or less, but this initial week is paid once the disability extends beyond the first week.