When you suffer an injury or fall ill, and it affects your ability to work, it can be incredibly stressful for you and anyone in your family. Understanding your rights to disability benefits, such as permanent partial disability, is essential to determine what you are eligible for. 

Many people are familiar with total disability, but there are partial disability benefits to consider, such as permanent partial disability or temporary disability benefits. 

Understanding what permanent partial disability benefits are is crucial to having the financial support you need as you recover from your injury or illness. Permanent partial disability benefits can last for the rest of your life if you require work modifications.  

Partial Disability Benefits

What are Disability Benefits?

Disability benefits are a financial support system that protects people with work limitations due to injury, illness, or other qualifying medical conditions. The benefits provide financial stability and quality of life for affected individuals and their families. 

Depending on the injury or illness and its severity, people can qualify for different types of disability benefits: 

  • Permanent Partial Disability: Permanent partial disability is for those who have some work limitations but will have them or some form of limitations for the rest of their life. 
  • Temporary Partial Disability: Temporary partial disability is for those who have work limitations for some time, but their disability is expected to improve in some capacity over time. These benefits are often re-evaluated when a person reaches maximum medical improvement.
  • Permanent Total Disability: Permanent total disability is for those who can no longer work or earn an income due to injury or illness. They have already reached maximum medical improvement and cannot return to work.
  • Temporary Total Disability: Temporary total disability is for those who cannot work temporarily as they heal or recover from their injury or illness. Some people will be on temporary total disability and then transition to either permanent or temporary partial disability. 

Qualifying for temporary or permanent partial disability benefits slightly differs from total disability benefits. It’s best to consult an experienced attorney to walk you through the specifics based on your circumstances. 

Types of Disability Benefits

There are a few different disability benefit programs that you can apply for. When you know the different ones available, you can determine which you qualify for, allowing you to maximize your benefit payments. 

Each program has its eligibility requirements, coverage terms, and application process. Many programs consider your ability to work after you reach maximum medical improvement and your current condition. 

Social Security Disability Insurance (SSDI)

Social Security Disability Insurance is a federal program from the Social Security Administration. It provides benefits to individuals with qualifying disabilities who have contributed to Social Security through their work history. Social Security taxes are typically taken out of an employee’s average weekly wage.

Even though SSDI primarily focuses on total disability, some people can transition to partial disability status as their health status improves.

Long-Term Disability Insurance (LTD)

Long-term disability insurance is a private insurance option that helps with income replacement when you have an extended period of disability. You can get these policies individually or through employer-sponsored benefit programs. LTD usually includes provisions for partial and total disability, which offers flexibility as your conditions change over time. 

Workers’ Compensation

Workers’ compensation insurance provides benefits for injuries or illnesses that happen at work, as long as they’re related to one’s job. These are state-mandated programs, and under workers’ compensation laws, they have to include provisions for partial disability. Access to these benefits is not determined by how much in taxes you pay from your average weekly wage.

This helps ensure that workers can receive benefits for their injury or illness even if they can still work but in a diminished capacity. Often, these are also available for employees with a permanent disability. Employees with a permanent disability can receive a portion of their paycheck for life.

What is Partial Disability?

Partial disability is a condition that impacts an individual but allows them to maintain the ability to work in some capacity. Many permanent partial disability cases can work but face limitations in their ability to work or earn their previous income after they’ve reached maximum medical improvement. 

This could mean working fewer hours, taking on lighter job duties, or transitioning into a different role that can better accommodate their limitations. 

Distinguishing from Total Disability

Total disability occurs when the injured individual can’t work. They might be on permanent total disability, which prevents them from working completely, or temporary total disability, which prevents them from working at all for a shorter period. 

With partial disability, workers can continue their employment with modifications. The main distinction between total disability and partial is the capacity to perform work duties. The duties can be different from your previous role. This classification affects the benefits you might receive and the requirements when qualifying for potential benefits.

Qualifying for Partial Disability Benefits

Getting approved for partial disability requires a thorough evaluation of your condition and documentation that supports the evaluation’s findings. Understanding the qualification process is helpful so you can be more prepared and submit a strong case that’s likely to get approved. 

Medical Evidence

Medical evidence is the foundation for any disability program. This evidence must clearly show: 

  • The nature of your injury or illness 
  • The extent and severity of your injury or illness 
  • How your condition affects your ability to perform your job duties 
  • The expected frustration of your limitations 
  • Any medical treatment or accommodations that you need to improve your work capacity 

When providing documentation on your medical condition, make sure that the documentation includes: 

  • Diagnostic test results 
  • Detailed doctors’ reports
  • Medical treatment plans and progress notes 
  • Expert opinions on the extent and future medical care you’ll need 

Functional Capacity Evaluation (FCE)

A Functional Capacity Evaluation (FCE) objectively assesses your physical limitations and abilities. This comprehensive evaluation: 

  • Documents your physical limitations
  • Measures your ability to perform specific work-related duties 
  • Identifies necessary workplace accommodations 
  • Determines safe working levels 
  • Provides recommendations for return-to-work planning 

Earning Capacity Assessment

Workers’ compensation programs and other disability benefit programs also factor in your earning capacity. The earning capacity assessment helps showcase how your disability affects your ability to earn an income. It considers: 

  • Current work limitations 
  • Your previous earnings (usually calculated based on your average weekly wage)
  • Transferable skills 
  • Local job market
  • Potential alternative employment opportunities 

Since people can still work while on partial disability, understanding their capabilities is how they’ll determine a fair benefit amount. Many people can no longer work with their current employer or have to take a position that significantly impacts their wages. The earning capacity assessment will help make sure you’re receiving a fair payment. 

Calculating Partial Disability Benefits

Calculating your partial disability benefits will depend on the benefit program you’re applying for and your specific circumstances. Everyone’s case is different, so it’s important to remember that while there are general rules of thumb for calculating benefits, they will vary per person. 

Workers’ Compensation

Workers’ compensation can provide temporary disability benefits. They calculate these benefits by using: 

  • Maximum and minimum benefit thresholds 
  • The difference between pre-injury and post-injury wage-earning capacity
  • Duration of limits for benefit payments 
  • State-specific formulas for benefit calculation 

While it depends on your state, the vast majority use a percentage-based system. This typically provides two-thirds of the difference between your pre-injury and post-injury earning capacity. 

Long-Term Disability Insurance

Long-term disability (LTD) policies calculate partial disability based on things like: 

  • Maximum benefit periods 
  • The percentage of income lost because of your disability 
  • Policy-specific formulas and definitions 
  • Offset provisions for other income sources 

Most LTD policies will provide a percentage of your lost income. This usually ranges from 50% to 70% of your pre-disability and post-disability income. It’s common for a weekly benefit to be more than half of your previous earnings.

Returning to Work with Partial Disability

Unlike with permanent disability, those with partial disability are usually able to return to work in some capacity. If you’re planning on returning with a partial disability, it requires a strong support system and careful planning if you want to succeed. 

Modified Duty Programs

In many cases of partial disability, whether temporary or permanent, workers can return to work with modified job duties. Modified duty programs can help people return to work safely by: 

  • Adjusting job duties to align with physical capabilities 
  • Providing assistive devices or equipment 
  • Implementing ergonomic workplace modifications 
  • Offering flexible scheduling options 
  • Gradually increasing work responsibilities 

Vocational Rehabilitation

Vocational rehabilitation can help those who can no longer work in their previous capacity find employment by: 

  • Providing job training and education 
  • Assessing work skills and interests 
  • Develop job search strategies 
  • Identifying appropriate job opportunities based on ability 
  • Facilitating workplace accommodations 

How a Lawyer Can Help

You must go through the claims process to receive benefits, which can be confusing, frustrating, and complicated. That’s why having qualified legal representation can help you secure your benefits. Here’s how a Chicago workers’ comp attorney from Rosenfeld Injury Lawyers can help with your case.

Navigating the Claims Process

We have extensive knowledge of the claims process, including the average waiting period and compensation rate. We have a specific understanding of partial disability and experience helping clients with similar cases to yours. We can: 

  • Evaluate your eligibility for different benefit programs
  • Collect and organize all documentation 
  • Compare your wage-earning capacity at your former job to your current one
  • Complete and submit application documents and evidence 
  • Monitor claim status and deadlines 
  • Respond to requests for additional information promptly 
  • Ensure you’re compliant with benefit program requirements 

Negotiating with Insurance Companies

Insurance companies are known to try to reduce benefit payments. Your attorney will help negotiate with them on your behalf and: 

  • Review and analyze all applicable insurance policies 
  • Determine what the appropriate amount of benefits should be 
  • Research if your state assigns a specific amount for a body part
  • Counter lowball settlement offers 
  • Document any ongoing disability-related medical expenses
  • Protect your rights throughout all disability negotiations 

Appealing Denied Claims

If you’re denied for partial disability, your lawyer can: 

  • Review the details of why you were denied 
  • Gather additional evidence to prove you’re partially disabled
  • File the appeal promptly 
  • Represent you at appeal hearings 
  • Present compelling arguments for partial disability approval 

Secure Expert Legal Representation!

Dealing with applying for partial disability benefits can be complicated. A Chicago personal injury attorney from Rosenfeld Injury Lawyers can help secure your benefits, allowing you to focus on more important things. 

Our team of experienced workers’ compensation lawyers has successfully helped other clients in similar situations. We’ll be in your corner from our initial consultation until you secure your benefits. You don’t have to navigate partial disability benefits alone. 

Contact our team of attorneys today by filling out our contact form or calling us at (888)-424-5757.