What Is a Permanent Partial Disability in Workers Comp?

Employees who sustain long-term work-related injuries are often entitled to permanent partial disability (PPD) benefits through workers’ compensation. Nebraska workers need to know what PPD means in the context of workers’ compensation, how to calculate benefits, and what they can expect during the claims process.

A skilled workers’ compensation attorney at Mueller Schmidt Mulholland & Cooling can guide you through the complexities of workers’ compensation law, helping you claim the benefits you’re entitled to. They can fill out your paperwork, represent you in disputes, and offer crucial advice throughout your claim. Proper legal assistance can pave the way to a successful resolution of our claim.

What Is Permanent Partial Disability?

A permanent partial disability is a long-term injury or illness that partially impairs your ability to work. A permanent partial disability indicates that while you can still work, your capabilities are reduced because of physical limitations, chronic pain, or a mental impairment caused by the injury. While you may be able to return to work in some capacity, you may have to take reduced hours or work in a position that pays significantly less than the job you previously had.

The Nebraska Workers’ Compensation Act sets the definition and compensation for permanent partial disability (PPD). A physician assigns an injured worker a PPD rating once the worker has reached Maximum Medical Improvement (MMI) — the point at which their condition is stable and not expected to improve significantly. This rating is crucial because it determines the amount of compensation and duration of PPD benefits. As the state government sets the rate of permanent partial disability benefits, they typically can only be negotiated within the standards established by the Nebraska Workers’ Compensation Act.

Scheduled vs. Non-Scheduled Injuries

Nebraska law differentiates between scheduled and non-scheduled injuries when calculating PPD benefits. Scheduled injuries affect body parts specifically established by state law, such as arms, legs, hands, and feet. Each body part has a predetermined number of weeks of compensation. Your potential compensation is two-thirds of your AWW times the number of predetermined weeks, accounting for the disability rating.

For instance, the Nebraska legislature assigns 60 weeks of benefits if you lose a thumb. The compensation is two-thirds of your average weekly wage (AWW) before the injury. If you lost just the top half of the thumb, you would get 30 weeks of benefits. The compensation is subject to the state’s maximum and minimum limits.

Non-scheduled injuries do not fall under the specific categories listed in the schedule. The injuries typically involve the back, neck, or internal organs—parts of the body that are harder to quantify as component parts. The degree to which the injury impairs the workers’ overall body establishes their benefits, with a maximum duration of 300 weeks. So, a worker whose back injury results in a 20% impairment rating would receive two-thirds of their average weekly wage for 60 weeks, or 20% of 300.

Example Calculation for Loss of a Thumb

To illustrate this rule, let’s assume a worker’s AWW before the injury was $900. If the worker lost a thumb, the statute calculates the benefit as follows:

• AWW: $900
• Weekly benefit: $600 (two-thirds of $900)
• Duration: 60 weeks
• Therefore, the total benefit for losing a thumb would be $600 x 60 weeks = $36,000.

Permanent Partial Disability Settlement Amounts

The amount you can receive in a settlement for a PPD claim varies based on several factors, including the severity of your impairment, your pre-injury wages, and whether your injury is scheduled or non-scheduled. Workers can negotiate settlements, and it is often beneficial to have legal representation to ensure you receive a fair amount. Multiple factors influence settlement amounts.

• Severity of Impairment – More severe impairments generally result in higher compensation.
• Pre-Injury Wages – Benefits are a percentage of the worker’s average weekly wage before the injury.
• Future Medical Needs – Workers may require significant medical care due to the injury.
• Impact on Earning Capacity – A serious injury could prevent a worker from finding a job that pays as well as the one they lost.

Once an injured worker agrees to a lump sum settlement with their employer’s workers’ compensation insurer, the courts will review the agreement to determine its fairness.

Legal representation is crucial in negotiating settlements and reviewing offers for fairness. An experienced workers’ compensation attorney can help handle the claims process, advocate for a fair settlement, and protect their client’s rights under the Nebraska Workers’ Compensation Act.

Navigating the Workers’ Compensation Process

To receive PPD benefits, workers must file a workers’ compensation claim with their employer and the Nebraska Workers’ Compensation Court. Workers should report injuries, seek medical attention immediately, and report claims promptly to avoid complications.

A worker’s physician is critical to their workers’ compensation case. The doctor will evaluate the injury, determine when you have reached MMI, and assign a PPD rating. Workers must follow their doctor’s recommendations and attend all scheduled appointments. Nebraska law allows injured workers to get medical treatment from a doctor with whom they have an established relationship, either personally or through their family. If they do not, the employer has the right to choose the doctor.

Legal Assistance

Don’t know which impairment income benefits in Nebraska you can take advantage of? Understanding what permanent partial disability means and how it affects your workers’ compensation benefits and claims is vital for managing your recovery and financial stability. In Nebraska, the Workers’ Compensation Act provides a structured system for compensating injured workers, but the process can be intricate. Don’t make the mistake of trying to go through it alone to get the maximum amount for your settlement.

Handling the workers’ compensation system can be complex, especially when dealing with permanent partial disability claims and impairment income benefits. Consulting with a Omaha workers’ compensation lawyer can help you protect your rights and seek the full benefits to which you are entitled.

If you have suffered a work-related injury that resulted in a permanent partial disability, contact the skilled attorneys at Mueller Schmidt Mulholland & Cooling. Call one of our compensation attorneys at 402-999-9000 to guide you through the process. Our firm will advocate for your rights and get you the lump sum payment you deserve.

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