Idaho Law Blog
By Fred Lewis and George Casper
This post is part two of a two-part blog explaining the basic steps in a worker’s compensation case. Part one focused on the benefits injured workers entitled to by law. Part two will focus on the benefits an injured worker can receive in excess of his or her impairment. In order to get these benefits, the injured worker will need the help of an experienced Workers’ Compensation attorney.
As stated above, litigation with the help of an attorney is needed in order to gain these disability benefits in excess of impairment. These benefits are called Permanent Partial Disability (PPD) Benefits. These benefits are in addition to PPI Benefits.
PPD payments are also set at 55% of the average state weekly wage of the year the worker was injured. The difference between PPD and PPI is that PPD Benefits are based solely on non-medical factors. These factors include loss of labor market access, age, gender, potential wage loss, and education. Each of these factors can increase or decrease an injured worker’s disability in excess of their impairment. The amount of PPD Benefits received is calculated the same way as PPI Benefits are. In order to visualize how PPD benefits are calculated, see the below example:
Injury Year – 2014
55% of Average State Weekly Wage – $376.20
Total Disability – 50%
Impairment – 10% whole person
50% minus 10% = 40% disability in excess of impairment (PPD Benefits)
40% multiplied by 500 weeks = 200 weeks
200 weeks multiplied by $376.20 = $75,240.00 in PPD Benefits
At this point you may be asking yourself, “How do I prove my disability in excess of impairment?” There are many different tools that can be used to prove disability in excess of impairment. The starting point is your restrictions. The restrictions that are typically given by the injured workers’ treating doctor form the bedrock for the disability portion of an Idaho workers’ compensation claim. The restrictions often come from a Physical Therapist in the form of a Functional Capacity Evaluation (FCE).
The injured worker has a role to play in building the evidence for the disability portion of an Idaho workers’ compensation claim. The injured worker performs an extensive job search and finds a new job. There is no better evidence of what your wage loss actually will be than to go out and find a new job when you cannot return to your old job.
Other testing can be done to help prove wage loss and loss of labor market access. Your Worker’s Compensation attorney can hire a Vocational Expert and develop other evidence that proves your disability.
This process can take some time. Most worker compensation cases take at least a year to complete. The majority of this time is spent gathering evidence in order to prove disability. The injured worker normally is receiving TTD and PPI benefits during the time it takes to gather this information. The disability in excess of impairment payouts can be large depending on the injury. Worker’s compensation cases are complicated, but can benefit injured workers greatly in time of dire need. In order to get the most out of you claim, you need an experienced Idaho worker’s compensation attorney.
Call An Attorney At Racine Olson
When seriously injured in a workplace accident, it can be devastating to you, your friends and family, and your finances. If seriously injured, you will certainly miss work and you will accumulate expensive medical bills. You need a passionate and experienced Idaho Worker’s Compensation attorney to help you navigate through the process. If you have been injured at your workplace, you are certainly entitled to benefits under Idaho Worker’s Compensation Law. Call our office today at (208) 232-6101. We answer all your questions for free.
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