PERMANENT TOTAL DISABILITY

Permanent Total Disability Benefits in Florida

permanent total disability

In Florida, an injured worker in is entitled to Permanent Total Disability (PTD) if the claimant is unable to work, even at a sedentary capacity within 50 miles of their residence. Sedentary work is defined as work that does not involve lifting more than 10 pounds at a time and requires occasional lifting of objects. Sedentary work involves mostly sitting.

Although walking and standing are expected, sedentary work is defined as sitting for approximately 6 hours out of

an 8 hour day.

Permanent Total Disability (PTD) benefits are paid at 2/3 of the employee’s average weekly wage (AWW). An injured workers’ average weekly wage (AWW) is calculated based on the employee’s average weekly wage 13 weeks before the date of accident. Permanent total disability benefits end when the injured worker reaches the age 75.

However, PTD benefits may continue if the injured worker is not eligible for social security benefits under 42 U.S.C. s.
402 or s. 423 because the work injury prevented the employee from working and earning enough quarters to be eligible for social security benefits. The workers’ compensation law also provides for PTD benefits past the age of 75 if the work accident occurred on or after the age of 70. If the employee was over age 70 when hurt at work, PTD benefits are payable for 5 years following the determination of permanent total disability.

Who Qualifies for Permanent Total Disability?

In order to qualify for PTD benefits, the injured worker must establish the following:

  • You have a severe injury that prevents you from working at least sedentary work 

            

  • You cannot perform sedentary work within a 50-mile radius of your residence 

  • The reason you are unable to work is due to your physical limitation

You are presumed to be PTD if you suffer from:

  • A spinal cord injury resulting in severe paralysis of an arm, a leg, or the trunk

  • An amputation of a leg, foot, arm, or hand that results in the loss of use of the appendage

  • A severe brain or closed-head injury resulting in severe sensory or motor disturbances, severe communication disturbances, severe complex integrated disturbances of cerebral function, severe episodic neurological disorders, or other severe brain and closed-head injury conditions at least as severe as described herein.

  • Second-degree or third degree burns of at least 25 percent of your total body surface or third-degree burns of 5 percent or more to the face and hands

  • Total or industrial blindness

If you have exhausted your temporary total disability (TTD) benefits or have been placed at maximum medical improvement (MMI), you may be entitled to permanent total disability (PTD) benefits. TTD benefits are owed if you are not at MMI and an authorized workers’ compensation doctor has indicated you are unable to work. If you are at maximum medical improvement (MMI) and are still unable to work, even if the doctor has indicated you can perform sedentary work, you may still be able to qualify for PTD benefits. In addition to your physical limitations and restrictions, you may have non-exertional impairments that prevent you from working. In order to prove that you are PTD, your work comp attorney will often hire a vocational rehabilitation expert. The vocational expert will review your medical limitations and restrictions and provide evidence as to whether you are able to perform even sedentary work. Just because a doctor says you are able to work sedentary, doesn’t mean you can do so on a regular and full time basis. You may not be able to return to gainful employment and may qualify for permanent total disability (PTD) benefits. If you are permanently and totally disabled under the workers’ compensation laws, you may also receive social security disability (SSD) benefits or social security retirement benefits. If you are receiving both PTD and SSD, an offset will likely apply. If you have been hurt at work and unable to work due to your injuries, contact the West Palm Beach permanent total disability attorneys at Vassallo, Bilotta and Davis.

Contact a West Palm Beach Workers’ Compensation Attorney at Vassallo, Bilotta and Davis

At Vassallo, Bilotta and Davis Law Firm, we help injured workers get the benefits they deserve. If you have questions about or need assistance securing the work comp benefits that you are entitled to, we can help. We’ve been helping injured workers since 1978. To schedule a free consultation, call us at 561-471-2800 or contact us online to discuss your case with an experienced West Palm Beach workers’ compensation lawyer today.