Temporary vs. Permanent Workers' Compensation Benefits

Whether you work at a desk job or operate heavy machinery at a construction site—or anything in between—every type of work comes with risks. If you experience a work-related injury, you may be able to secure workers’ compensation benefits.

The duration of workers’ compensation benefits is based on whether your state’s workers’ comp law classifies your injury as temporary or permanent. An experienced workers’ compensation lawyer in your area can help determine which type of benefits may apply to your situation.

Understanding Temporary and Permanent Workers’ Compensation Benefits

To qualify for workers’ compensation benefits, you must:

• Have eligibility under your state’s workers’ compensation law
• File a workers’ comp claim
• Seek medical treatment under your state’s rules for workers’ compensation cases

After an evaluation, your treating physician could tell you that you can’t return to work for a time—or can’t perform your regular job for a time—because of your illness or injury. In that case, your employer’s insurance company may be required to pay you temporary total disability benefits (TTD benefits) or temporary partial disability benefits (TPD benefits).

Workers’ compensation can also cover long-term and permanent impairments. This may include a permanent partial disability (PPD), where a worker is partially but permanently impaired. Or, the impairment might result in a permanent total disability (PTD), where a worker can’t work at all due to their injury.

Examples of Permanent Disabilities

Types of disabilities that may lead to permanent total disability or permanent partial disability include:

• Carpal tunnel syndrome from repetitious movement
• Permanent back problems from repetitious movement
• Permanent injuries, such as the loss of use of both hands, arms, feet, legs, or eyes

Some workplaces expose workers to harmful chemicals or substances over time. Workers’ comp benefits may be available when the injury leads to permanent disability. You may also qualify for permanent impairment benefits if your earning capacity permanently diminishes due to a workplace injury or illness.

Examples of Temporary Disabilities

A temporary disability does not last forever. It covers employees for the time it takes them to recover, up to your state’s limits.

Situations that may call for temporary workers’ compensation benefits include the following:

• You’re off work because your employer can’t accommodate your doctor’s restriction of “no lifting over 10 pounds.” After some weeks, the doctor lifts the restriction. Your employer would no longer need to pay TTD.
• You fall from a ladder at work and break several bones. You must remain in a full-body cast. You’re unable to return to your job until you heal enough to perform your daily duties. 
• You sprain your back while working and can only return to a modified version of your job after sustaining the injury. Your disability is not permanent, and you can do light work. But it’s not the work you previously did. In such a case, you may qualify for TPD compensation.

Getting help with your workers’ compensation claim is critical. It allows for the correct classification of your injury to ensure you can claim any benefits to which you are entitled.

The Role of Medical Evaluations and MMI

Your treating physician often addresses whether you’re at maximum medical improvement (MMI). MMI is when an injured worker’s condition or injury to a body part stabilizes and reaches a plateau. Further medical care is unlikely to cause significant improvement.

Once you reach MMI, your treating physician will evaluate your condition and provide a final assessment of any permanent impairment or disability that may apply.

You may experience a situation where the claims adjuster from your employer’s insurance company disagrees with your treating doctor’s opinion about your disability rating. In such cases, the insurer can ask for an independent medical exam. If you refuse to attend the IME, your TTD benefits will end.

Duration and Amount of Benefits

Disability benefits can be classified as partial, total, permanent, or temporary. Someone will likely recover from a temporary disability, but a permanent disability is not likely to improve.

Duration of Workers’ Compensation Benefits

You can usually collect temporary disability benefits until one of the following occurs:

• Your treating physician clears you to return to work
• Your employer offers you modified work meeting any restrictions you may have (you’ll stop receiving disability payments even if you don’t accept the offer)
• You reached the limit for the number of weeks allowed for temporary disability benefits in your state

Temporary total disability benefits may transition to permanent partial disability benefits if you remain impaired after reaching MMI.

Calculating Workers’ Compensation Benefits

Injured employees generally receive about two-thirds of their average weekly wage. Your lost wages equal the difference between your average weekly wage and the amount earned by working the modified work or schedule.

Receiving Social Security disability benefits (SSDI) can impact injured workers’ disability insurance payments under workers’ comp. SSDI benefits can be reduced if you also collect workers’ comp benefits.

Types of Workers’ Compensation Benefits

Workers’ compensation insurance varies according to your state’s law. For example, depending on the state law, compensation and medical benefits could include:

• Lost wages
• Rehabilitation, such as physical therapy, rehabilitative care, or vocational rehabilitation
• A lump sum workers’ compensation medical settlement for your medical bills

The specifics of your injuries determine what type of benefits you may qualify for. They could include:

• Total temporary disability, partial temporary disability, total permanent disability, and partial permanent disability benefits
• Workers’ comp death benefits for spouses or dependents if death results from a workplace accident

The availability of workers’ compensation benefits depends on your state’s workers’ comp laws.

Get Legal Help for Your Workers’ Compensation Claim

A dedicated local workers’ compensation attorney can address your particular legal needs. They can explain your legal rights and give you the best chance of a favorable outcome for your case. There are strict deadlines governing workers’ compensation benefits, so get help today.