Workers' Compensation Lawyers / Work Injury Attorneys
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Workers' CompensationAttorneys / Job Injury Lawyers

Workers’ Compensation: Total Disability

If you have been injured on the job and cannot return to work, you are considered to be on disability leave. A severe work-related injury or illness can leave an employee incapable of performing any task in their workplace at any level. This is known as total disability. Depending on the severity of the incident, the worker may be temporarily totally disabled or permanently totally disabled.

Temporary Total Disability

Temporary total disability (TTD) means that the worker is totally unable to work for a definite period of time but can return to their job upon recovery. Injuries sustained to the eyes, feet, ankles, hands, wrist, back, neck or any other part of the body that prevents a person from working in any capacity is considered total disability.

Permanent Total Disability

Permanent total disability occurs when a worker suffers an injury that they will not recover from and that prevents them from performing their job in any capacity. Examples of permanent total disability include:

  • Total and permanent loss of sight in both eyes
  • Loss of both feet at or above the ankle
  • Loss of both hands at or above the wrist
  • Loss of one foot at or above the ankle and loss of one hand at or above the wrist
  • Permanent and complete paralysis of both arms, both legs, or one arm and one leg
  • Complete loss of hearing

During this time of disability, a worker and their family are dependent upon workers’ compensation benefits to make ends meet. Compensation for total disability is calculated differently by each state. Typically it is some fraction of the normal wage and is based upon the worker’s take home pay. Generally, if the disabled worker has dependants, the rate received will be higher. To find out the exact amount per state, you can contact your state labor department or workers’ compensation board or see our state by state listing of workers’ compensation laws. Federal employees who have no dependents generally receive compensation at the rate of two-thirds of pre-disability gross wages, tax-free; if the employee has one or more dependants, compensation is payable at the rate of three-fourths of pre-disability gross wages, tax-free.

If you are being denied benefits or feel that you are not receiving the full amount that you’re entitled to, please contact a qualified workers’ compensation attorney. A workers’ compensation lawyer can help you determine the amount that you should receive for disability as well providing you with strong legal advice.

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