If you have suffered injuries within the employment scope and have been left with a medical condition, you may file a claim for workers compensation benefits. One of the common questions asked by workers is whether one can file for permanent disability benefits and workers compensation benefits at the same time. The legal process of obtaining such benefits is not easy. You may be required to undergo a medical assessment to ensure your medical condition limits you from performing your duties now and in the near future. It’s an added advantage to have Anchorage attorneys represent you as you file for the benefits.
What Will Determine Whether I Will Get Permanent Disability?
After suffering from a work-related injury, you may qualify for workers compensation benefits immediately. Still, it may take time before you learn whether you may get permanent disability benefits for your injuries. To get you workers comp benefits, you must be sure to have met the eligibility criteria as follows:
- You must be an eligible employee.
- You must have suffered from a work-related injury that is covered by workers’ compensation insurance.
- Your employer must have purchased a worker comp insurance.
To get permanent disability benefits, it must be proven that your condition cannot allow you to perform any gainful employment. However, such information has to be provided by your treating doctor. Under workers compensation, you may be required to undergo a maximum medical improvement assessment (MMI). If the condition is proven to be permanent and stationary, your doctor will give out a report that will enhance the process of getting your permanent disability benefits. You can be receiving your workers' compensation benefits as you await your permanent disability.
Getting Permanent Disability
The rules for permanent disability differed from state to state. Thus, you may require an experienced lawyer to guide in areas such as the time limits for filing for the benefits. Once it is clear that your condition is permanent, the insurance company may request that an independent medical examination be conducted to assess:
- The extent of your injuries
- The level of disability
- Your physical or mental impairment
This is the time to be extra careful with the information that is provided by the medical assessor from the insurance company. If you disagree with the IME doctors’ opinion about your disability, you have a right to appeal the diagnosis with the help of a lawyer.
What If I Qualify For Permanent Disability?
Once the IME doctor approves that you have a permanent disability, or an IME dispute is resolved, you should get your benefits until the duration of the disability. You can look for an experienced workers’ compensation lawyer to handle your case right from the beginning and guide you on how to pursue your permanent disability benefits. The process is complicated as the insurance company will look for ways to ensure you get less than what you deserve. You should make sure to talk with your lawyer before accepting any settlement. With the right legal representation, your future is secured.