There are few things more unfortunate than becoming permanently disabled as a result of a work-related injury or disease that causes an illness due to your line of work. That being said, it may be of some comfort to know that you should be entitled to a lifetime pension because of your state’s workers’ compensation system put in place for situations such as this. The laws surrounding workers’ compensation can vary from state to state, but all of them have their own rules on who is able to receive a lifetime pension and what criteria they must meet in order to do so.
This can be different than the factors required to obtain other benefits such as Social Security disability benefits, as in order to receive those it must be shown you can no longer work in any capacity. This differs from workers’ comp in some states as many times you do not need to prove that you can never work again in order to be able to receive a lifetime workers compensation benefits, nor do you need to prove that you are totally disabled. Depending on where you live and where the incident occurred you may not be technically totally disabled, but if by the state’s laws they consider you incapacitated enough you may still be awarded these lifetime benefits.
Necessary Steps to Getting Permanent Disability
Other examples of criteria that differs by state is the standard of what they consider a total and permanent disability to be. If you lose both your hands, the sight in both of your eyes, suffer a major brain injury or become completely paralyzed this will make you able to collect these benefits in almost every case. If you end up in a condition like this but the injury does not mean total loss of these functions you may only receive partial disability benefits for an extended amount of time but not permanent even if your injury is considered to be.
Regardless of how severe your condition is it may be almost impossible to be eligible to receive permanent disability until your status is completely stable. In other words, if there are still procedures and/or treatments that you can have that could possibly improve your health you will not be considered permanently and totally disabled until all of your other options have been exhausted. To be clear, this does not mean you will never be awarded these benefits it only means all of your avenues of being treated must be completed until you can get a lifetime pension.
If is deemed that you are truly permanently disabled by a doctor there will be a fixed amount of money that will be settled on to be given to you periodically on a fixed timeline. You also may be able to continue to receive certain medical benefits but they may not be as thorough and inclusive as they were when your workers’ compensation case was still open, although depending on your circumstance there should be an expected level of care available to you. The levels and amounts of care and money you will receive will be decided in court, which is why it is extremely important to have a knowledgeable attorney to help guide you through this difficult process.
Contact New Jersey Worker’s Compensation Lawyers
If you or someone you love has been seriously injured at work you need a qualified attorney from Bramnick Law to fight for you in court and get you the compensation you are owed. Contact Bramnick Law at 877-423-4878 today to schedule your initial case evaluation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney/client relationship. If you are seeking legal advice, please contact our law firm directly.