After a traumatizing workplace accident, you or a loved one may be unsure of how to proceed. If the accident caused a permanent loss of ability or function, you or your loved one may be eligible for permanent total disability benefits.
Injured in Oklahoma City? Call Warhawk Legal at (405) 397-1717 for a free consultation. Our personal injury attorneys work on contingency — you pay nothing unless we win your case.
Navigating these situations can be exceptionally complex, which is why we’re explaining the nuances in this guide. We’ll go over the definition of permanent disability, the steps needed to receive benefits, how to appeal, and the basics of how Oklahoma’s disability program is different from the federal government’s program.
If you need any additional guidance from our Oklahoma City workers’ compensation attorneys, call (405) 397-1717 or make an appointment online – we’re happy to help.
What Is Considered a Permanent Disability?
A disability is not deemed permanent until the treating physician concludes that the patient has reached maximum medical improvement (MMI) after their workplace injury, indicating no expected further recovery.
Establishing MMI and proving that a disability prevents earning an income can be immediate or take years, depending on the injury’s nature, available treatments, and the speed of insurance approvals.
Examples of types of permanent disabilities include:
- Paralysis
- Traumatic Brain Injury (TBI)
- Amputations
- Severe Burns
- Chronic Respiratory Diseases
- Vision Loss
- Hearing Loss
Steps To Get Permanent Total Disability Benefits?
Determine Eligibility
To receive permanent disability status, the victim must demonstrate they were eligible for workers’ compensation. This is by showing they were an employee at an organization that carried workers’ compensation insurance, that their injury was work-related, and that they followed the correct protocols to file a claim.
Follow Treatment Plan
The second requirement of any workers’ compensation claim is to follow the physician’s treatment plan for their workplace injury. After a doctor has designated that a victim has achieved their MMI, a victim could be awarded permanent disability status.
Receive Permanent Disability Status
Upon the victim becoming stable with their MMI, they will receive a designation for their ability level. In Oklahoma, Permanent Total Disability (PTD) benefits are payable either for 15 years or until an employee reaches the age required to receive maximum Social Security benefits, using the longer of the two periods.
Following this duration, PTD benefits amount to 70 percent of the employee’s previous average weekly income. However, these benefits cannot exceed the state’s average weekly wage.
What To Do If I Am Denied Permanent Disability Benefits
If you are denied PTD in Oklahoma, it’s important to consult with an Oklahoma City workers’ compensation attorney who can review your case and guide you through the appeals process. This may involve gathering additional medical evidence, reevaluating the details of your claim, and preparing for a formal hearing to contest the denial.
Can You Receive Total Disability Benefits From Social Security And Workers’ Comp In Oklahoma?
It’s important to note that Oklahoma’s PTD benefits differ from the federal government’s Social Security disability benefits.
Depending on the circumstances facing the victim in the aftermath of their workplace injury, they may be eligible to receive Oklahoma’s permanent total disability benefits and the Social Security Administration (SSA)’s benefits.
If you have any questions regarding permanent disability benefits, contact our Oklahoma City personal injury lawyer today. We’re always here to answer your questions, so give us a call at (405) 397-1717 or schedule an appointment online.
How a Personal Injury Claim Interacts With Oklahoma Permanent Disability Benefits
Permanent total disability (PTD) benefits through Oklahoma workers’ compensation cover you when your employer was responsible — directly or through the workers’ comp system — for the injury that caused your disability. But workers’ compensation is not the only remedy when a third party contributed to the injury: a defective piece of equipment manufactured by a third party, a negligent driver who hit you while you were performing work duties, a contractor whose crew created the hazard — each of these creates a personal injury claim that runs separately from workers’ comp and recovers what workers’ comp does not. Workers’ comp excludes pain and suffering, emotional distress, and loss of consortium entirely; these damages are only available through a civil personal injury claim against the responsible third party.
Oklahoma workers’ compensation has a lien right against a third-party settlement — meaning if you recover from the third party, workers’ comp can recoup what it paid. An attorney manages this lien as part of resolving the case, negotiating the lien amount and ensuring the net recovery to you is maximized after all obligations are satisfied.
Frequently Asked Questions
Can I receive both Social Security Disability and a workers’ comp PTD payment? Yes, with offsets. Oklahoma workers’ comp PTD and Social Security Disability Insurance (SSDI) can both pay simultaneously, but SSDI may apply an offset when workers’ comp payments exceed certain thresholds. An attorney who handles disability cases coordinates the two benefit streams to minimize offset impacts.
What if my employer disputes that I am permanently and totally disabled? Employers and their carriers routinely dispute PTD status because it represents ongoing long-term liability. The dispute is resolved at the Workers’ Compensation Commission through medical evidence, vocational expert testimony, and functional capacity evaluations. Attorney representation at this hearing dramatically improves outcomes.
Does Warhawk Legal handle permanent disability cases? Yes — both workers’ compensation disputes and the parallel third-party personal injury claims. Call (405) 397-1717 for a free consultation.
How a Personal Injury Claim Interacts With Oklahoma Permanent Disability Benefits
Permanent total disability (PTD) benefits through Oklahoma workers’ compensation cover you when your employer was responsible — directly or through the workers’ comp system — for the injury that caused your disability. But workers’ compensation is not the only remedy when a third party contributed to the injury: a defective piece of equipment manufactured by a third party, a negligent driver who hit you while you were performing work duties, a contractor whose crew created the hazard — each of these creates a personal injury claim that runs separately from workers’ comp and recovers what workers’ comp does not. Workers’ comp excludes pain and suffering, emotional distress, and loss of consortium entirely; these damages are only available through a civil personal injury claim against the responsible third party.
Oklahoma workers’ compensation has a lien right against a third-party settlement — meaning if you recover from the third party, workers’ comp can recoup what it paid. An attorney manages this lien as part of resolving the case, negotiating the lien amount and ensuring the net recovery to you is maximized after all obligations are satisfied.
Frequently Asked Questions
Can I receive both Social Security Disability and a workers’ comp PTD payment? Yes, with offsets. Oklahoma workers’ comp PTD and Social Security Disability Insurance (SSDI) can both pay simultaneously, but SSDI may apply an offset when workers’ comp payments exceed certain thresholds. An attorney who handles disability cases coordinates the two benefit streams to minimize offset impacts.
What if my employer disputes that I am permanently and totally disabled? Employers and their carriers routinely dispute PTD status because it represents ongoing long-term liability. The dispute is resolved at the Workers’ Compensation Commission through medical evidence, vocational expert testimony, and functional capacity evaluations. Attorney representation at this hearing dramatically improves outcomes.
Does Warhawk Legal handle permanent disability cases? Yes — both workers’ compensation disputes and the parallel third-party personal injury claims. Call (405) 397-1717 for a free consultation.
Learn more from our contact us for a free consultation. Call us for a free case review.
Our experienced car accident lawyer team is here to help. Contact Warhawk Legal for a free consultation.
If you or a loved one has been injured, contact our experienced Oklahoma City personal injury attorney at Warhawk Legal. We offer free consultations and only get paid when you win.