Legislation on the compensation of employees are generally level. Accordingly, varying definitions of what DTC from state to state. However, a typical definition of the DCP have lost arms or legs, two eyes, or absence from work for six months or more due to injury or illness. A further condition of receiving the DPT is that there is no hope that the affected employee is physically fit to return their profession.
Under workers' compensation laws, Permanent Total Disability ("PTD") is awarded when because of an occupational injury or disease, an employee is no longer able to work in any occupation for which they are suited by education, training, or experience.
In order to qualify for PTD award, the injured worker must prove that he or she is unable to return to work in any capacity and that their injury is a permanent condition. To qualify for a PTD award, the injured worker has to receive a disability rating of 100% form an examining physician for their injury.
Once a PTD rating is established, the injured worker is entitled to receive PTD compensation benefits, which is based on the employee's prior occupation type and anticipated pay differential. This sum can he hundreds of thousands of dollars. PTD payments must begin promptly to the injured work or the employee can be subject to late payment penalties.
Many workers' compensation insurers prefer to obtain a PTD settlement once the injury has been rated permanent. The employer's insurer may seek a settlement for the PTD damages in the form of a lump sum payment. These settlements can be hundreds of thousands of dollars.
In a workers compensation settlement, the insurance company issues payment in exchange for a signed release of claims agreement. While the lump sum payment may be considerable depending on the occupation involved, it also closes the PTD claim forever. Thus if the employee's injury were to worsen or be re-aggravated, the employer would not longer be responsible for any damage or payment of medical treatment. Due to the many important factors involved and the amount of money involved, injured employees should seek attorney counsel regarding their workers' compensation claims.