Temporary vs Permanent Disability Helping You Every Step of the Way

Temporary vs Permanent Disability in Kentucky

How to Receive Workers’ Comp Disability Benefits

Following an accident in the workplace or discovering a job-related illness, Kentuckians are entitled to receive workers' compensation benefits to cover their injuries. However, the process of receiving these benefits can be long and complex. If you suffer an injury that causes you to take a short period of time off of work or are placed on restrictions that your employer cannot accommodate, we can help you receive the benefits you need, including compensation for permanent and temporary disability in KY.

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Understanding Your Eligibility for Disability Benefits

Depending on the severity of the work-related injury or illness, Kentucky provides disability benefits to compensate employees who must stop working for the short or long term in order to recover.

There are four types of disability benefits available in Kentucky:

Temporary Total Disability (TTD)
Temporary Partial Disability (TPD)
Permanent Total Disability (PTD)
Permanent Partial Disability (PPD)

Your doctor will determine what you can and can't do and for how long as a result of your injury. For example, you may be unable to lift heavy objects or sit for long periods of time. These can limit your ability to work as well as your earning potential. Disability benefits kick in to make up for the loss.

Claiming Temporary Disability Benefits

If you suffer an injury that causes you to take a short period of time off of work, you should qualify for Temporary Total Disability (TTD) benefits. In Kentucky, this is calculated as either two-thirds of your weekly earnings or two-thirds of the state's average weekly wage, whichever is lower.

Your recovery will be monitored by your doctor. Once they determine that you have reached your maximum possible recovery, TTD benefits will end.

Maximizing Permanent Partial Disability Compensation

Once your doctor determines that you've reached the point of Maximum Medical Improvement (MMI), you can then qualify for Permanent Partial Disability (PPD). To be entitled to a PPD award, you must have a permanent impairment as result of your injury. In some cases, you may have a physical impairment rating, and a mental impairment rating that can be combined. If your injury initially resulted in the award of PPD benefits, you are still entitled to compensation in Kentucky even if you are eventually able to return to work. However, if you are unable to return to the same type of work you were doing previously while making the same amount of money, your PPD award will be tripled.

However, if you are unable to return to the same type of work you were doing previously while making the same amount of money, you may be entitled to an enhanced PPD award based on your age, education, and current sources of income. PPD benefits are typically paid out over a 425-week period; however, in some cases PPD is extended to 520 weeks. Further, PPD benefits terminate at the age of 70 regardless of how many weeks are remaining.

Explore Your PPD Award Options with Our Lawyers

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$150,000 Accident in Company Truck Settlement
J.W. had worked as a truck driver for over 10 years when he was involved in an accident while driving. J.W. thought he would be ok and did not seek immediate attention; however, that turned out not to be the case. He sought medical treatment and even though the insurance carrier paid for some of the medical treatment, it quickly paid its own doctor to state all of J.W.’s symptoms were not related to the accident.
Denial of Total Knee Surgery
R.V.'s story is similar to several of our clients. R.V. was hurt at work and the employer reported the injury to its insurance carrier. The insurance carrier set up a claim and paid for lost-time income benefits and for a minor knee surgery. R.V. thought everything was running smoothly until his knee began hurting more and more each day.
$1,100,000 Medical Malpractice
Client suffered serious complications after being discharged without being medically stable.

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Qualifying for Permanent Total Disability

If your work injury or illness results in consequences so severe that you can no longer keep your old job or get a new one, you will qualify for Permanent Total Disability (PTD). You might ask yourself questions like how much permanent disability? Your PTD compensation, just like TTD, is two-thirds of your weekly earnings or two-thirds of Kentucky's average weekly wage, whichever is lower.

If your work injury or illness results in consequences so severe that you can no longer work at your old job or any job, then you may qualify for Permanent Total Disability (PTD).

You will receive PTD until the age of 70 or until you remain disabled to work, whichever occurs first.

Partner with a Kentucky Workers' Compensation Attorney

Our attorneys have the knowledge and the expertise to ensure that you get the maximum benefits you deserve, whether it is temporary income benefits or permanent income benefits. When it comes to permanent income disability benefits, our attorneys are often able to get our clients that money paid in one lump sum instead of getting it in small increments over 425 weeks. We possess the experience and dedication required to help you get the best results from your workers' compensation case.

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