Permanent Partial Disability vs. Permanent Total Disability in Indiana Workers’ Compensation
Suffering a serious workplace injury can turn your life upside down. Beyond the physical pain and the disruption to your daily routine, you may face long-term challenges that affect your ability to return to work. For many injured workers in Indiana, the path to financial recovery includes workers’ compensation benefits. When an injury leaves lasting damage, you may be classified as having either a permanent partial disability (PPD) or a permanent total disability (PTD). Understanding the difference between these two classifications is critical because it determines the benefits you may be entitled to receive.
At Lee Cossell & Feagley, LLP, our experienced Indianapolis workers’ compensation attorneys help injured workers understand these distinctions and fight for the compensation they need. Below, we explain how PPD and PTD are defined in Indiana, how they impact your benefits, and what steps you can take to protect your rights.
How Workers’ Compensation Handles Permanent Disabilities
Indiana’s workers’ compensation system is designed to provide benefits to employees injured on the job, regardless of who was at fault. These benefits cover medical expenses, lost wages, and, when applicable, compensation for permanent disabilities.
Once your medical treatment stabilizes and you reach what doctors call maximum medical improvement (MMI), the point where your condition is not expected to improve significantly, you will be evaluated to determine whether you have a lasting disability. At this stage, a physician may assign you a disability rating, which helps classify your injury as either permanent partial or permanent total.
What Is Permanent Partial Disability (PPD)?
A permanent partial disability means that your injury has left you with a lasting impairment, but you are still able to work in some capacity. PPD does not prevent you from earning an income, but it may limit the type of work you can do, the hours you can work, or your earning potential compared to before your injury.
Common examples of PPD include:
- Loss of a finger, hand, or limb
- Reduced mobility due to a back or joint injury
- Nerve damage that restricts fine motor skills
- Loss of hearing or vision in one ear or one eye
In Indiana, compensation for PPD is determined based on the body part injured and the degree of impairment. The state assigns a certain number of “weeks” of compensation for each body part. For example, the loss of an arm may entitle you to a set number of weeks of benefits, while the loss of a finger entitles you to fewer. Your level of impairment is expressed as a percentage, and that percentage is applied to the maximum number of weeks for the body part.
For instance, if an injured worker sustains a 25% permanent partial impairment to a hand, and Indiana law allows up to 150 weeks for a total hand loss, the worker may be entitled to compensation for 25% of that total—37.5 weeks of benefits.
This system is complex and often requires legal guidance to ensure that impairment ratings and benefit calculations are done fairly.
What Is Permanent Total Disability (PTD)?
A permanent total disability is much more severe. This classification means that your injury prevents you from performing any kind of reasonable work. In other words, you are considered unable to engage in gainful employment for the remainder of your life.
Examples of PTD may include:
- Paralysis
- Severe brain injuries that impair cognition or motor function
- Total blindness
- Complete loss of both hands, arms, feet, or legs
Unlike PPD, which is limited to compensation for a set number of weeks, PTD benefits are potentially payable for life. Under Indiana law, workers classified with a permanent total disability are entitled to two-thirds of their average weekly wage, up to the state’s maximum rate, for as long as the disability lasts. For most, this means receiving benefits for the rest of their lives.
Because of the lifetime financial impact of a PTD award, insurance companies often dispute or resist these claims. Having an experienced workers’ compensation attorney on your side is essential to present strong medical evidence and fight for the benefits you deserve.
Key Differences Between PPD and PTD
While both types of disabilities involve lasting injuries, the differences between PPD and PTD can have life-altering financial consequences.
- Ability to Work
- PPD: You can still work, although perhaps not in your former role.
- PTD: You are considered unable to work in any capacity.
- Benefit Duration
- PPD: Benefits are calculated based on body part, percentage impairment, and statutory limits. They are not ongoing.
- PTD: Benefits are typically paid for life, or as long as the total disability remains.
- Compensation Amount
- PPD: A lump sum or structured payment based on impairment rating.
- PTD: Weekly benefits equal to two-thirds of your average weekly wage, subject to the state maximum, often for life.
- Disputes and Challenges
- PPD: Disputes may arise over impairment ratings or how benefits are calculated.
- PTD: Disputes often center on whether the worker is truly incapable of any work.
How Disability Classifications Are Determined
In Indiana, disability classification hinges on medical evaluations and legal standards. Your treating physician or an independent medical examiner will assess your condition and issue an impairment rating. This rating is crucial in PPD cases. For PTD, the determination goes beyond a numerical rating; it involves evaluating whether you can perform any type of employment at all.
Insurance companies often send injured workers for independent medical examinations (IMEs) with doctors they select. These doctors may issue opinions that minimize the extent of your disability, resulting in reduced benefits. You have the right to challenge these findings and present evidence from your own medical experts.
Why Legal Representation Is Critical
Because the distinction between PPD and PTD carries such major financial implications, insurance carriers frequently challenge claims involving permanent disability. Workers may be pressured to accept a lower PPD settlement when they may qualify for PTD benefits.
An experienced workers’ compensation lawyer can:
- Review your medical records and impairment ratings
- Advocate for an independent medical evaluation when needed
- Ensure proper calculation of benefits under Indiana law
- Represent you in hearings before the Workers’ Compensation Board
- Negotiate settlements or pursue appeals if benefits are wrongly denied
At Lee Cossell & Feagley, LLP, we know how insurance companies operate. Our team works tirelessly to ensure that injured workers receive the benefits they are legally entitled to.
Protecting Your Future After a Permanent Injury
Living with a permanent disability is difficult enough without financial insecurity. Workers’ compensation benefits can mean the difference between stability and hardship. The classification of your injury as a permanent partial or permanent total disability directly affects the level of support you and your family will receive.
If you’ve suffered a workplace injury that has left you with lasting limitations, it’s important to act quickly. Document your medical care, follow your doctor’s instructions, and contact a knowledgeable attorney to ensure that your rights are protected from the start.
Contact Lee Cossell & Feagley, LLP for Help With Workers’ Compensation Claims in Indianapolis
At Lee Cossell & Feagley, LLP, we are dedicated to helping injured workers in Indianapolis obtain the benefits they deserve. Whether your injury has been classified as a permanent partial disability or you are pursuing a permanent total disability claim, our attorneys are here to guide you through the process, fight insurance company challenges, and secure the compensation you need for the future.
Contact us today for a free consultation to learn more about your rights and how we can help you move forward after a serious workplace injury.