After a traumatizing workplace accident, you or a loved one may be unsure of how to proceed. If the accident caused a permanent loss of ability or function, you or your loved one may be eligible for permanent total disability benefits.
Navigating these situations can be exceptionally complex, which is why we’re explaining the nuances in this guide. We’ll go over the definition of permanent disability, the steps needed to receive benefits, how to appeal, and the basics of how Oklahoma’s disability program is different from the federal government’s program.
If you need any additional guidance from our Oklahoma City workers’ compensation attorneys, call (405) 397-1717 or make an appointment online – we’re happy to help.
What Is Considered a Permanent Disability?
A disability is not deemed permanent until the treating physician concludes that the patient has reached maximum medical improvement (MMI) after their workplace injury, indicating no expected further recovery.
Establishing MMI and proving that a disability prevents earning an income can be immediate or take years, depending on the injury’s nature, available treatments, and the speed of insurance approvals.
Examples of types of permanent disabilities include:
- Paralysis
- Traumatic Brain Injury (TBI)
- Amputations
- Severe Burns
- Chronic Respiratory Diseases
- Vision Loss
- Hearing Loss
Steps To Get Permanent Total Disability Benefits?
Determine Eligibility
To receive permanent disability status, the victim must demonstrate they were eligible for workers’ compensation. This is by showing they were an employee at an organization that carried workers’ compensation insurance, that their injury was work-related, and that they followed the correct protocols to file a claim.
Follow Treatment Plan
The second requirement of any workers’ compensation claim is to follow the physician’s treatment plan for their workplace injury. After a doctor has designated that a victim has achieved their MMI, a victim could be awarded permanent disability status.
Receive Permanent Disability Status
Upon the victim becoming stable with their MMI, they will receive a designation for their ability level. In Oklahoma, Permanent Total Disability (PTD) benefits are payable either for 15 years or until an employee reaches the age required to receive maximum Social Security benefits, using the longer of the two periods.
Following this duration, PTD benefits amount to 70 percent of the employee’s previous average weekly income. However, these benefits cannot exceed the state’s average weekly wage.
What To Do If I Am Denied Permanent Disability Benefits
If you are denied PTD in Oklahoma, it’s important to consult with an Oklahoma City workers’ compensation attorney who can review your case and guide you through the appeals process. This may involve gathering additional medical evidence, reevaluating the details of your claim, and preparing for a formal hearing to contest the denial.
Can You Receive Total Disability Benefits From Social Security And Workers’ Comp In Oklahoma?
It’s important to note that Oklahoma’s PTD benefits differ from the federal government’s Social Security disability benefits.
Depending on the circumstances facing the victim in the aftermath of their workplace injury, they may be eligible to receive Oklahoma’s permanent total disability benefits and the Social Security Administration (SSA)’s benefits.
If you have any questions regarding permanent disability benefits, contact our Oklahoma City personal injury lawyer today. We’re always here to answer your questions, so give us a call at (405) 397-1717 or schedule an appointment online.