Permanent Disability Claims

When a work injury leaves lasting impairment, we fight to secure the permanent disability benefits and settlement our clients have earned.

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Some workplace injuries heal completely. Others do not. When a work injury leaves lasting physical or cognitive limitations, workers’ compensation provides permanent disability benefits — but actually securing those benefits, and making sure they are calculated correctly, is rarely as straightforward as the insurance carrier suggests.

At Maples, Connick & Brendel, we represent injured workers across the Southeastern United States in permanent disability claims, from impairment rating disputes to long-term wage benefits to full-and-final lump-sum settlements.

Types of Permanent Disability

Workers’ compensation systems generally recognize four broad categories of permanent disability:

Permanent Partial Disability (PPD) — The worker has lasting impairment but can still work in some capacity, often with restrictions. PPD benefits are typically based on an impairment rating assigned by a physician.

Permanent Total Disability (PTD) — The worker’s injuries prevent them from returning to any gainful employment. PTD claims carry the most extensive benefits and are the most aggressively contested by insurance carriers.

Scheduled Injuries — Many states provide fixed benefit schedules for specific body parts — loss of use of a hand, foot, eye, or similar. The statutory schedule dictates the number of weeks of benefits.

Disfigurement and Other Non-Scheduled Losses — Depending on the state, additional benefits may be available for scarring, disfigurement, or other losses that do not fit neatly into other categories.

Impairment Ratings and Why They Are Contested

Most permanent disability claims hinge on an impairment rating assigned by a doctor based on guidelines such as the AMA Guides to the Evaluation of Permanent Impairment. The rating is often a percentage — of a body part, of the whole person, or of work capacity — and it directly drives the benefits the worker will receive.

Insurance carriers routinely send workers to IME doctors who assign low impairment ratings. We challenge these ratings with the treating physician’s opinion, additional expert evaluations, and when necessary, deposition and hearing testimony.

Lump-Sum Settlements

Many permanent disability claims resolve through a lump-sum settlement that closes out future medical and/or wage benefits in exchange for a single payment. These settlements have significant long-term consequences and require careful evaluation — once signed, they are very difficult to undo, and Medicare and related issues can affect the structure of the settlement.

We advise our clients carefully before recommending any settlement and make sure the number reflects the true long-term value of the claim.

State-Specific Nuances

States across the Southeastern United States each have their own rules for permanent disability benefits, schedules, and settlements. The wage rates, percentage calculations, duration of benefits, and settlement approval requirements all differ. Having counsel that practices across the region ensures these details are handled correctly.

If you have lasting impairment from a work injury, contact us today for a free case review.

Frequently Asked Questions

The insurance company's doctor gave me an impairment rating, but my own doctor thinks it's too low. What can I do?

The impairment rating is not final just because an IME doctor assigned one. You have the right to challenge the rating with your treating physician’s opinion and, if necessary, additional expert testimony. We regularly increase our clients’ impairment ratings — and corresponding benefits — through this process.

Should I accept a lump-sum settlement?

Maybe — but only after the true value of your claim is evaluated carefully. Settlements close out future rights to medical care and wage benefits, so the number has to account for everything you may need for years to come. We advise clients on whether a proposed settlement is fair and negotiate aggressively for more when it is not.

How long do permanent disability benefits last?

That depends on the type of disability, the applicable state law, and the specifics of your case. Some benefits are paid for a fixed number of weeks based on a statutory schedule, while others continue indefinitely for permanent total disability. We walk clients through exactly what they are entitled to so there are no surprises.