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Home :: FAQ :: Workers Compensation Disability

If I am injured, to what compensation am I entitled?

If, after you are at MMI and on account of your work related injury, and you have the severity of injury and symptoms that cause a permanent disability which prevents you from ever going back to even sedentary work, you may be declared “permanently totally disabled”.  This declaration will entitle you to 66% of the average weekly wage that you normally would have been earning had you not been injured.  An injured employee is presumed not to be permanently and totally disabled unless the employee establishes that the employee is physically not capable of engaging in at least sedentary (sit-down) employment within a 50 mile radius of the employee’s residence.  Permanent Total Disability also includes, among other things, severe paralysis and amputation of upper and lower extremities as well as brain injuries and closed-head conditions as well as total industrial blindness and third-degree burns on 25% or more of the body and 5% of the face.  In these cases the employee is not presumed to be able to find sedentary work within a 50 mile radius. Permanent Total Disability (PTD) can be very difficult to get without the aid of a well-experienced attorney.