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 can not accommodate, we can help you receive the benefits you need, including compensation for permanent and temporary disability in KY.
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What Type of Disability Benefits Am I Eligible For?
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.
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.
Permanent Partial Disability Benefits
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.
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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 remained disabled to work, which ever occurs first.
Get a Kentucky Lawyer on Your Side
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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