Permanent Disability
Permanent or Long-term Disability
A permanent disability is a long-term or life-long condition resulting from a work-related injury or illness that impairs an employee’s ability to work at full capacity or, in some cases, the ability to work at all. Unlike temporary disabilities, permanent disabilities do not fully heal, and the worker is left with lasting physical or mental limitations.
Permanent Partial Disability (PPD):
- This occurs when an employee has a lasting impairment but can still work in some capacity, usually with reduced efficiency or in a different role. PPD could involve a loss of function in a limb, chronic pain or a reduction in mobility.
- Example: An employee loses partial use of an arm or leg due to an injury but can still perform work, though perhaps not in their previous role.
Permanent Total Disability (PTD):
- This is when an employee is completely unable to return to any form of gainful employment due to their work-related injury or illness. PTD is typically reserved for the most severe cases, such as significant brain injuries, paralysis or the loss of multiple limbs.
- Example: An employee is paralyzed and unable to perform any type of work.
Causes of Permanent Disabilities
Permanent disabilities in the workplace can result from a variety of severe injuries or chronic conditions that leave lasting impairments. Here are some common causes:
1. Severe Traumatic Injuries:
Causes: Falls from significant heights, machinery accidents, vehicle crashes, or being struck by heavy objects.
Examples of Disabilities: Paralysis, amputation of limbs, traumatic brain injuries (TBI), spinal cord injuries or severe fractures that result in permanent loss of function.
2. Cumulative Trauma (CTs):
Causes: Prolonged exposure to repetitive tasks, poor ergonomics or cumulative traumas on specific body parts.
Examples of Disabilities: Chronic conditions like carpal tunnel syndrome, tendinitis, or cumulative traumas that do not fully heal and result in permanent limitations.
3. Exposure to Hazardous Substances:
Causes: Long-term exposure to toxic chemicals, asbestos, heavy metals or radiation.
Examples of Disabilities: Chronic respiratory diseases (e.g., asbestosis, silicosis), occupational asthma, lung cancer or neurological disorders caused by toxic exposure.
4. Workplace Violence:
Causes: Physical assaults, shootings or other violent incidents in the workplace.
Examples of Disabilities: Permanent physical injuries like nerve damage or psychological trauma leading to conditions like post-traumatic stress disorder (PTSD), which can be disabling.
5. Crush Injuries:
Causes: Getting caught or compressed between heavy machinery, collapsing structures, or falling objects.
Examples of Disabilities: Crushed limbs leading to amputation, severe internal injuries or permanent nerve damage.
6. Electrical Accidents:
Causes: Contact with live wires, faulty electrical systems or improper use of electrical equipment.
Examples of Disabilities: Severe burns, nerve damage or loss of function due to electrical shock, which can cause permanent disability.
7. Falls from Heights:
Causes: Working on roofs, scaffolding, ladders or other elevated surfaces without proper safety equipment.
Examples of Disabilities: Spinal cord injuries, traumatic brain injuries, or multiple fractures that lead to permanent mobility issues or cognitive impairments.
8. Occupational Diseases:
Causes: Long-term exposure to harmful environments, such as mining, construction, or chemical manufacturing.
Examples of Disabilities: Chronic conditions like mesothelioma (from asbestos), chronic obstructive pulmonary disease (COPD) or severe hearing loss due to prolonged exposure to loud noise.
9. Repetitive Motion Disorders:
Causes: Continuous use of certain muscle groups without adequate rest or proper ergonomics, often in jobs that involve repetitive tasks.
Examples of Disabilities: Degenerative joint disease, chronic tendinitis, or conditions like thoracic outlet syndrome that result in permanent impairment.
10. Burns and Scalds:
Causes: Exposure to hot surfaces, chemicals, or fire in the workplace.
Examples of Disabilities: Severe burns that lead to permanent scarring, loss of mobility, or chronic pain.
11. Cumulative Trauma:
Causes: Continuous exposure to physical stress, awkward postures, or vibrating tools.
Examples of Disabilities: Conditions like herniated discs, chronic back pain, or repetitive stress injuries that become permanent due to ongoing damage.
12. Psychological Trauma:
Causes: Exposure to highly stressful or traumatic events in the workplace, such as witnessing a fatal accident or being involved in a violent incident.
Examples of Disabilities: PTSD, chronic anxiety, or depression that severely impacts the ability to work.
These causes of permanent disabilities can have life-long effects on workers, limiting their ability to perform their job or even impacting their overall quality of life. Workers’ compensation is designed to provide support and benefits to those who suffer from these serious, life-altering injuries or conditions.
Fresno-based long-term disability attorney Tim Bartell can help clients navigate the process to get the worker’s comp you deserve for permanent disabilities. Contact us today.
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W.C. Cases Overview
A quick guide to understanding workers' compensation claims and how we can help you navigate the process.
Temporary Disability
We assist in securing benefits for those temporarily unable to work due to work-related injuries.
Permanent Disability
Support for workers with lasting injuries, ensuring you receive the benefits you deserve.
Denied Claims
If your workers' comp claim was denied, we can help appeal and fight for your rightful benefits.
Repetitive Trauma
Injuries from repetitive motions at work? We help file claims for repetitive stress injuries.
Construction Accidents
We provide legal support for workers injured on construction sites, ensuring they get the compensation they need.
Industrial Accidents
Handling claims for injuries in industrial workplaces, from machinery accidents to exposure to hazardous materials.