Permanent and Total Disability

No one goes into work expecting to be permanent and totally disabled in the course and scope of his or her employment, but it happens. For truck drivers, it could be a motor vehicle accident. For construction workers, it might be a fall. For factory employees, a lifting injury could be to blame. No matter the line of work, the Law Firm of Valerie J. Crown is available to answer your questions and help you pursue the maximum amount of benefits available for a permanent and total disability. Our experienced workers’ compensation lawyers offer people in Rockland County and throughout Greater New York zealous and compassionate representation.

At the Law Firm of Valerie J. Crown, we make it our business to know our clients personally and to represent each person to the best of our ability. We see each of them as individual human beings rather than just as cases to be handled. When you are dealing with a serious, potentially life-changing injury, you deserve respect and careful attention. We make it our priority to provide this as we advocate on your behalf. You can reach Valerie directly through her cell phone at 845.598.8253, and our staff is proud to be available to our clients 24/7.

Workers’ compensation claims differ from other types of personal injury cases in that it is not necessary for the employee to prove negligence or fault on the part of the employer. Also, a worker’s own negligence does not bar or reduce his or her claim. Rather than the fault-based system typical in other injury cases, the payout to the employee is much more structured and is not increased or decreased in proportion to fault. This is not to say that there are no situations in which a person could be disqualified from receiving workers’ compensation benefits, but these are unusual.

Assuming that an accident or illness is covered under workers’ compensation law, an injured individual may be entitled to temporary and partial disability, temporary and total disability, permanent and partial disability, or permanent and total disability benefits. Unlike temporary or partial disability benefits, permanent and total disability benefits are only paid when a worker has lost all of his or her future earning capacity through a job-related injury. The process of a wage-earner being declared permanently and totally disabled is often lengthy and complex.

All job-related injury cases should begin with the employee notifying his or her supervisor of the accident, immediately if possible. Written notice should be given within 30 days. The employer, in turn, should assist the employee in obtaining the necessary medical treatment for the injury, and the employee’s doctor will be required to file an initial report with the employer, the employer’s insurance company, and the workers’ compensation board. It is important to note that an employee’s failure to notify the employer of the injury within the time allowed by law can result in a forfeiture of the right to benefits. This makes it critical to comply with the relevant deadlines when exercising your rights.

Receiving the full benefits to which you may be entitled under the workers’ compensation system can be challenging. Although the system theoretically should make it easier for injured employees to receive what they deserve, the truth is that employers and insurance companies may be reluctant to make payouts even for meritorious claims. To consult experienced work injury attorney Valerie J. Crown for a workers’ compensation claim in Rockland County or elsewhere in Greater New York, call us at 845.708.5900 or contact us online to set up a free appointment. We also serve people in Westchester and Orange Counties. Valerie can help you both with an initial claim and with any stage of the appeals process if your claim has been denied. We do not request payment unless we help recover benefits for you.