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What If I Can't Return To My Job

Erwin, McCane & Daly | Thursday, June 25, 2015

Tips from a Workers' Compensation Attorney in Troy, NY

After your workplace injury, you filed your claim and received workers compensation benefits. Unfortunately, as you make your way through treatments, you soon realize you will not be able to return to work. If you cannot fully recover from your workplace injury, you may qualify for permanent disability benefits through your employer’s workers' compensation insurance. These types of benefits may be paid upfront or over time. It is best, however, to speak to a workers' compensation attorney before assuming that you will qualify.

Are You Eligible for Permanent Disability?

There are strict eligibility requirements for permanent disability insurance benefits. Some of the issues you will need to prove include:

  • Work Injury – You must prove that the injury causing your permanent disability was caused by your job, on the job. If you have a medical condition that is work-related, such as exposure to toxic fumes, this will qualify. There are exceptions to this rule. If you were drunk or using drugs during your workplace injury, you may not qualify.
  • Medical Evidence – Your treating physician must sign off that you have plateaued in your recovery and that there is no possible way for you to recover in the future. This is referred to as “maximal medical improvement” or MMI.
  • Permanent Disability – There are injuries that can leave a person impaired, but not necessarily permanently disabled. If you are limited by the type of work you can do, you will be compensated for those limitations, but you may not qualify for as high a settlement as being unable to return to work whatsoever.

An attorney can help you assess whether you have a permanent disability case or limitations that qualify you for additional compensation. To learn more about disability, contact a workers' compensation law firm near Troy, NY. The attorneys at Erwin, McCane & Daly can assess your requirements for secondary workers' compensation claims. Call us today at 518-449-2245 or contact us online to schedule your free consultation.