Workers’ compensation is a lifeline for Oklahoma employees who get hurt on the job. These benefits are designed to ease the financial burden for workers who can’t do their job because of a work-related injury.
By covering lost wages, they allow injured workers to focus on getting better without feeling pressured to rush back to work. Knowing whether your benefits are temporary or permanent is important for making sure you get the right kind of support for your situation.
Below, we’ll look at the differences between these two types of workers’ compensation benefits and how our Oklahoma City workers’ compensation lawyers at Parrish DeVaughn can guide you through the process.
Key Differences Between Temporary and Permanent Benefits
Understanding the distinctions between temporary and permanent benefits helps ensure that you receive the correct compensation.
- Temporary vs. Permanent Injuries: Temporary benefits apply when the injury is expected to heal, whereas permanent benefits are for long-term impairments.
- Duration of Benefits: Temporary benefits last only until recovery is complete or maximum medical improvement (MMI) is reached, while permanent benefits provide long-term support for workers whose injuries are lifelong.
- Compensation Amounts: Temporary benefits (Temporary Total Disability/Temporary Partial Disability) are typically based on a percentage of pre-injury wages, while permanent benefits (Permanent Partial Disability/Permanent Total Disability) consider both the injury’s severity and the worker’s disability rating.
Temporary Disability Benefits
Temporary disability benefits support injured workers while they are in the process of recovering. These benefits are designed for employees who expect to return to work after they’ve had some time to heal but are temporarily unable to perform their job duties.
Types of Temporary Disability Benefits
Oklahoma offers two types of temporary disability benefits — depending on the extent of the injury:
- Temporary Total Disability (TTD): Workers who are completely unable to work during their recovery period can receive TTD benefits. These benefits continue until the worker has sufficiently recovered to return to their job or until they reach a point of maximum medical improvement (MMI).
- Temporary Partial Disability (TPD): Workers who can return to a limited or modified role during recovery may qualify for TPD benefits. TPD compensates for the difference between their current earnings and what they were making before the injury.
Duration of Temporary Benefits
Temporary benefits are provided only while a worker is in recovery. These benefits generally end when the worker reaches maximum medical improvement (MMI) or returns to full employment. If a worker’s condition becomes permanent, the process of transitioning to permanent benefits will begin.
How Temporary Benefits Are Calculated
- Temporary Total Disability (TTD): TTD payments are typically calculated as a percentage (70%) of the worker’s pre-injury average weekly wages. These payments shouldn’t exceed 156 weeks, although a judge can decide to extend payment another 52 weeks if recovery requires it.
- Temporary Partial Disability (TPD): TPD is calculated based on the difference between pre-injury wages and the reduced earnings during recovery. This allows partial compensation for lost income that may not exceed 52 weeks.
What Are Permanent Disability Benefits?
Permanent disability benefits are available when an injury results in lasting impairments. If an employee’s medical condition stabilizes and they are unable to fully recover, the worker may qualify for long-term or lifetime benefits.
Types of Permanent Disability Benefits
There are two key types of permanent benefits:
- Permanent Partial Disability (PPD): This is for workers who are permanently injured but can still perform some work. PPD benefits compensate workers for the lasting impact of the injury, even if the worker returns to a reduced role or lower-paying job. In Oklahoma, the PPD weekly benefit may be up to $360 for a set number of weeks, depending on these details.
- Permanent Total Disability (PTD): Workers whose injuries prevent them from returning to any form of work may qualify for PTD benefits — which is 70% of the employee’s weekly wage. These benefits are typically paid out for the remainder of the worker’s life.
Duration of Permanent Disability Benefits
Permanent disability benefits are provided to workers who have reached maximum medical improvement (MMI) but still suffer from lasting impairments that affect their ability to work. Just like how the amount of compensation is determined in these cases, the duration of benefits all depends on the extent of the worker’s disability.
Transitioning from Temporary to Permanent Disability Benefits
Once a worker reaches maximum medical improvement (MMI), their temporary benefits will end. MMI means that the worker’s condition has improved as much as it can with medical treatment. At this point, a doctor will evaluate whether the worker has any lasting health challenges.
Medical professionals play a critical role in determining whether a worker’s injury qualifies for permanent disability. This evaluation typically includes assigning the disability ratingwe mentioned previously, which reflects the severity of the impairment.
After reaching MMI, workers who have permanent impairments can then apply for permanent disability benefits. This process involves filing a claim with the workers’ compensation system and providing medical documentation to support the disability rating.
Protecting Your Rights to Disability Benefits in Oklahoma
The workers’ compensation system can be complex. Workers transitioning from temporary to permanent benefits may face disputes from employers or insurance companies about their disability status or compensation level.
If an employer or insurer disputes your disability status or the extent of your impairment, it’s important to seek legal guidance. An experienced workers’ compensation attorney can help resolve these issues and make sure you receive the benefits you are entitled to.
Contact Parrish DeVaughn for Help with Your Claim Today
If you or a loved one is dealing with a workplace injury and need help securing temporary or permanent disability benefits, Parrish DeVaughn is here to help. Our experienced workers’ compensation lawyers will guide you through the claims process so that you can receive fair compensation.
Don’t take on the legal complexities of workers’ compensation alone. Contact us today for a free consultation.
