As a worker in Oklahoma, understanding your rights regarding Workers’ Compensation is essential, especially when it comes to the benefits you may receive after a work-related injury or illness. One crucial aspect of this system is Partial Disability Benefits, which offer crucial financial support for individuals who cannot return to work at their pre-injury levels or who have sustained permanent impairments.
The Armstrong Law Firm, PLC, sheds light on what Partial Disability Benefits you could expect to receive after a successful claim.
What Are Partial Disability Benefits?
Partial Disability Benefits are designed for employees who have suffered a work-related injury that results in a partial loss of their ability to earn a living. Unlike Total Disability Benefits, which are for those who cannot work at all, Partial Disability Benefits recognize that the injured worker may still be able to work but not at the same capacity or efficiency as before their injury.
In Oklahoma, Partial Disability can be categorized into two main types:
- Scheduled Partial Disability: This applies to injuries that affect specific body parts listed in the Workers’ Compensation guidelines, such as limbs, hearing, or vision. Benefits are calculated based on a percentage of impairment to the affected body part and typically have a standard compensation rate outlined by the law.
- Unscheduled Partial Disability: This is for injuries that do not fit neatly into the scheduled categories. It may include injuries affecting the back, neck, or other non-specified body parts. The calculation for these benefits can be more complex and may involve assessing the impact of the injury on the individual’s overall ability to work.
Who is Eligible for Partial Disability Benefits?
Eligibility for Partial Disability Benefits in Oklahoma requires a few conditions to be met:
- You must have sustained a work-related injury or illness.
- A qualified medical professional must assess and determine the level of your impairment.
- You must have completed the necessary reporting procedures and filed a claim with the Oklahoma Workers’ Compensation Commission.
A medical evaluation to determine a PPD (Permanent Partial Disability) can only be conducted once you have achieved Maximum Medical Improvement (MMI). MMI refers to the stage at which your medical condition has stabilized and become permanent, indicating that neither further treatment nor additional time will significantly improve your overall condition.
How Are Partial Disability Benefits Calculated?
Calculating partial disability benefits involves determining the compensation rate based on:
- The employee’s average weekly wage at the time of the injury.
- The severity of the impairment as determined by medical evaluations.
- The specific classifications of the injury (scheduled vs. unscheduled).
In Oklahoma, the benefits generally consist of a percentage of your average weekly wage for a certain number of weeks, depending on the impairment rating.
A sample PPD settlement calculation for an unscheduled injury could look like this:
- Your average weekly earnings for the entire working period for this employer = $800.
- Multiply this by 70%, not to exceed $360 per week (800 x .70 = $560; this means your maximum permanent disability indemnity rate would be $360)
- If your impairment rating under the 6th Edition of the AMA Guides has been determined by Workers’ Compensation to be 25% of the whole person, you would multiply this percentage by 360 weeks and your permanent disability indemnity rate to calculate your final settlement.
- .25 x 360 x $360 = $32,400.
Your total PPD settlement would be $32,400.
Get What You Deserve With a Tulsa Workers’ Compensation Attorney
Navigating Partial Disability Benefits can be challenging, but understanding your rights and the specific regulations in Oklahoma can make a significant difference in your recovery and financial stability. If you need support after a work-related injury, the Armstrong Law Firm, PLC, is here to provide guidance and representation throughout your Workers’ Compensation journey.
Contact The Armstrong Law Firm, PLC today for personalized assistance and to ensure you receive the appropriate benefits. Your rights matter, and we are committed to helping you get the compensation you deserve.