Permanent Disability Benefits in Colorado

If you have suffered a permanent disability after a workplace injury in Colorado, you are entitled to workers’ compensation benefits. These benefits can help you cover medical expenses, missed wages, and other damages. It is important to take full advantage of this crucial safety net, and a workers’ compensation lawyer can help. Contact The Law Offices of W. Dan Mahoney, P.C. to learn more about permanent disability benefits in Colorado.

What Is Permanent Disability in Colorado?

Colorado defines permanent disability in very specific terms. First, a “disability” is an injury that prevents or impedes your income. A permanent injury is one that remains with you for the rest of your life. There are many potential examples of permanent disabilities. Some of the most common examples include:

• Traumatic brain injuries
• Amputated limbs, fingers, and toes
• Spinal cord injuries
• Blindness
• Serious burns
• Serious toxic exposure
• Permanent, severe organ damage
• Nerve damage in your neck, back, arms and legs
• Loss of strength or muscle
• Neck or back injuries needing surgery

Some disabilities are more subtle than others. For example, you might have developed a permanent psychological disorder due to traumatic or criminal workplace experiences. A permanent disability may also arise due to repetitive motions over many decades, and this injury may not have been triggered by any single event.

The Importance of Maximum Medical Improvement

The concept of Maximum Medical Improvement often plays an important role in permanent disability claims. Also known simply as “MMI,” Maximum Medical Improvement represents the point at which your injury stops improving. After your workplace accident, doctors may believe that you could fully recover. Even if the chances of full recovery are minimal, doctors will not make a final judgment about your injury until you reach your MMI.

Every patient hopes to make a full recovery, but sometimes this just isn’t possible. When you reach your MMI, you can accurately predict how the injury will affect the rest of your life. This makes it easier to pursue the compensation that you need. For example, you might have been crushed by a forklift while working at a warehouse. For the first year, doctors may believe that you may eventually walk again. Even if you do recover to walk again, your ability to move without pain and engage in activities may be affected. Based on the final diagnosis you receive upon reaching your MMI, you should pursue compensation for your permanent disability which a doctor will determine based on certain American Medical Association guidelines for impairment.

Permanent Partial Disability vs. Permanent Total Disability

There are two types of permanent disability to consider in Colorado: Permanent Partial Disability (PPD) and Permanent Total Disability (PTD). PPD represents a disability that does not completely prevent you from earning income. However, it may reduce your ability to support yourself financially in the future.

Due to the partial nature of your disability, your compensation will be calculated using a “percentage of loss” formula. This percentage of loss can be “scheduled” or “unscheduled.” A scheduled impairment falls under a set formula, while an unscheduled impairment is more nuanced. For example, it may be difficult to determine the impairment associated with a spinal injury (a type of unscheduled impairment). On the other hand, a preset formula can help determine the level of impairment associated with the loss of your hearing (a type of scheduled impairment).

How Much Can I Get for a Permanent Total Disability (PTD) in Colorado?

You will receive two-thirds of your average weekly wages (AWW) for a permanent total disability in Colorado for your remaining life. You will also receive compensation for 100% of your medical expenses. Finally, you will receive compensation for any mileage or parking expenses you incurred while attending medical facilities.

In order to prove that you have a permanent total disability(PTD) you have to prove that you cannot earn any income in the future. As stated, if you can prove that you are a PTD and not able to earn any income, you will receive compensation for the rest of your life.

Contact The Law Offices of W. Dan Mahoney, P.C.

A permanent disability can be life-altering – and you need to take advantage of available compensation to experience any semblance of financial security in the future. The Law Offices of W. Dan Mahoney, P.C. can help you pursue the economic stability you deserve after a workplace injury in Colorado. Contact or Reach out today to learn more about your options – and let us handle your workers’ compensation claim.

Category:

• Personal Injury
• Wrokers' Compensation