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Partial Disability Benefits

Whether you have just been injured on the job or you are considering appealing a workers’ compensation claim, the attorneys at Donaldson & Weston are prepared to help you assert your rights and to fight for what you deserve.

Experienced Work Injury Lawyers Representing Employees in Stuart and Surrounding Cities

Job-related accidents are challenging in many facets of life. On top of experiencing a painful injury, the victim must now undergo medical treatment and may be prohibited from performing their usual job duties. This can mean that the employee is facing a substantial period of time without pay. Fortunately, the workers’ compensation system is designed to provide an injured worker with compensation for the lost wages and medical expenses associated with the on-the-job accident. In some instances, the employee returns to work after a short recuperation period, or they may even be able to stay on the job in a limited capacity while they recover. At Donaldson & Weston, our Stuart workers’ compensation attorneys have assisted people throughout St. Lucie and Martin Counties with seeking partial disability benefits after suffering a work-related injury.

Determine Your Eligibility for Partial Disability Benefits

If you have been injured on the job, the first thing that you need to do is notify your employer. Then, it will initiate a claim with its workers’ compensation carrier. The first phase of the claims process will involve a medical examination by an approved physician. During this exam, the doctor will determine whether your injury is temporary or permanent and whether it is partial or total. This is a critical phase of your claims process, and it is essential that you answer the doctor’s questions fully and truthfully, especially if you are experiencing an aggravation of a pre-existing condition.

According to Florida law, there are two types of partial disability benefits. The first type is known as temporary partial disability benefits. Your personal workers’ compensation attorney will inform you that these benefits are intended for situations in which the employee is expected to make a full recovery from their injury. An injured employee must satisfy three conditions before they are eligible to receive this category of payments. First, the employee must not have reached the point of maximum medical improvement. This is a term used to define the point at which a doctor declares that the employee has improved as much as they are likely to improve and that no additional medical treatment will assist with recuperation.

Second, the employee must have sustained an injury that resulted in the imposition of restrictions on the tasks that they can perform at any job. For example, if you are a construction worker who is hurt in a construction accident, the doctor might prohibit you from engaging in your usual job-site duties, like operating machinery or lifting objects. Finally, the employee must be earning less than 80 percent of their average weekly wage.

The second type of partial disability benefits is permanent partial disability benefits. An employee can qualify for this type of benefit in two ways. First, if the employee receives benefit payments for 104 days, they can undergo a reassessment to determine whether the injuries are permanent in nature. The second method of qualifying requires a medical professional to determine at any point throughout the claims process that you have reached a point of maximum medical improvement and that your condition will be a permanent aspect of your health. If you are classified as having suffered a permanent and partial injury, you may be expected to return to work, although you may have some limitations or conditions that prohibit you from performing the same physical tasks that you performed in your job prior to the injury. It is essential that you consult a knowledgeable work injury lawyer as soon as you can.