Permanent Partial Disability Attorneys in Billings, Montana

When you suffer an injury at work that results in a Permanent Partial Disability (PPD), it can have long-lasting effects on your ability to perform your job duties and maintain your quality of life.  

Understanding PPD and navigating the workers' compensation system is crucial to pursuing the benefits you deserve. At Gerstner Adam Law, we're here to help you through this challenging process. 

What Is Permanent Partial Disability?

Permanent Partial Disability refers to a condition where an individual sustains a lasting impairment that partially limits their ability to work and perform daily activities. Unlike temporary disabilities, PPD is a long-term condition that does not completely incapacitate a person but does result in reduced functioning or efficiency in specific areas. 

Types of Permanent Partial Disability

Permanent Partial Disability (PPD) can manifest in various forms depending on the nature and severity of the injury. Each type carries its own set of challenges and requires specific adjustments for the affected individual. Common types include: 

• Loss of function in limbs: This type of PPD involves a partial loss of strength or mobility in the arms, legs, hands, or feet. For instance, a person may experience reduced grip strength, making it difficult to perform tasks that require fine motor skills, such as typing or handling tools. Reduced leg mobility might affect one's ability to walk, run, or stand for extended periods, necessitating the use of assistive devices like braces or wheelchairs. Rehabilitation often includes physical therapy to maximize remaining functionality and retrain the body to adapt to new ways of performing tasks. 

• Sensory impairment: Reduced vision or hearing capabilities due to workplace accidents fall under this category. For example, a worker exposed to high-decibel noise without adequate ear protection may suffer from permanent hearing loss, impacting their ability to communicate effectively. Vision impairment could range from partial loss of sight to complete blindness in one or both eyes, affecting one's ability to read, drive, or recognize faces. Adaptive technologies such as hearing aids, cochlear implants, screen readers, and magnification devices can help mitigate some of these impacts, but they often come with a learning curve and require ongoing support. 

• Chronic pain: This type of PPD is characterized by ongoing pain in areas such as the back, neck, or joints following an injury. Chronic pain can be debilitating, affecting not only physical capabilities but also mental health. It often requires a multidisciplinary approach for management, including medication, physical therapy, psychological support, and sometimes surgical interventions. Pain management programs aim to reduce pain levels to a manageable degree, enabling individuals to maintain their daily routines as much as possible. 

• Internal injuries: Damage to internal organs that result in long-term health issues is another form of PPD. For example, a worker who suffers a severe blow to the abdomen may experience damage to the liver or kidneys, leading to chronic conditions that require ongoing medical treatment and lifestyle adjustments. Such injuries may necessitate dietary changes, regular monitoring of organ function, and potentially lifelong medication to manage symptoms and prevent further deterioration. 

Each of these types of PPD can significantly impact your ability to perform tasks that were once routine. They often require long-term adjustments in your lifestyle and work environment, including potential career changes, modifications to your home for accessibility, and the integration of assistive technologies.  

Additionally, emotional and psychological support is crucial, as the adjustment to living with a disability can be challenging and may affect mental health. Employers, healthcare providers, and support networks all play vital roles in helping individuals with PPD lead fulfilling lives despite their limitations.

How Is PPD Determined?

Determining Permanent Partial Disability (PPD) involves a thorough and detailed medical evaluation aimed at understanding the extent of your condition and its impact on your ability to function daily. The comprehensive process typically includes several key components: 

• Medical examinations: This step involves multiple in-depth examinations by a range of healthcare professionals, including orthopedists, neurologists, and other relevant specialists. These healthcare providers assess the physical and neurological aspects of your injury, documenting their findings and providing expert opinions on the severity and implications of your condition. 

• Functional capacity evaluations (FCE): These are a series of specialized tests designed to evaluate your physical capabilities and limitations accurately. The FCE assesses various physical functions such as strength, flexibility, endurance, and the ability to perform specific work-related tasks. This evaluation helps determine how your injury affects your physical performance and what activities you can or cannot do. 

• Case assessments: This involves a holistic review of your personal and professional life. Factors considered may include your employment history, the specific requirements of your job, and how your injury impacts those requirements. Personal circumstances, such as age, education, and overall health, are also taken into account to provide a complete picture of how the injury affects your daily life and future employment prospects. 

• Documentation and reports: Throughout the evaluation process, detailed documentation and reports are compiled to create a comprehensive record of your condition. These reports are crucial for legal and insurance purposes, ensuring that all aspects of your injury and its impact are thoroughly documented and considered. 

Overall, the determination of PPD is a multifaceted process that requires the collaboration of various medical professionals and a careful consideration of both medical and personal factors. This thorough approach ensures that the evaluation is as accurate and fair as possible, providing a clear understanding of your condition and its implications for your life. 

Compensation for Permanent Partial Disability

Receiving compensation for PPD often involves navigating complex legal and administrative processes. Let's break down the components of typical compensation: 

Wage Loss Benefits 

These benefits are designed to address the reduced earning capacity resulting from your disability. The calculation of wage loss benefits considers factors such as: 

• Pre-injury earnings: Your average earnings before the injury. 

• Post-injury earnings: Your current earning potential given the disability. 

• Percentage of disability: The extent of your disability as determined by medical professionals, which influences the proportion of wage loss benefits you receive. 

Medical Benefits 

Medical benefits cover various ongoing treatments, therapies, and medications necessary due to the disability. This might include: 

• Physician visits: Regular check-ups and consultations with specialists. 

• Surgical procedures: Operations required to improve or stabilize your condition. 

• Physical therapy: Rehabilitative sessions aimed at restoring mobility and function. 

• Medications: Prescription drugs necessary for pain management or other health issues related to the disability. 

• Assistive devices: Equipment such as braces, wheelchairs, or prosthetics that aid in daily activities. 

Vocational Rehabilitation 

Vocational rehabilitation provides assistance in transitioning to a different job role if needed. This can involve: 

• Career counseling: Professional guidance to help identify suitable job opportunities. 

• Retraining programs: Educational courses or vocational training aimed at equipping you with new skills. 

• Job placement services: Assistance in finding and applying for job openings that match your new skill set and capabilities. 

• Workplace accommodations: Modifications or special equipment to facilitate your work environment, ensuring it is conducive to your needs. 

Navigating these aspects requires careful attention to detail and, often, the assistance of legal professionals to ensure that all entitled benefits are received and properly utilized. 

Legal Support for PPD Claims

Trying to file a PPD claim can be daunting, especially when dealing with insurance companies that may seek to minimize their payouts. At Gerstner Adam Law, we offer experienced legal support to ensure your PPD claim is handled effectively. Our services include: 

• Expert documentation: Assisting in gathering medical reports, work-related evidence, and other necessary documentation. 

• Legal representation: Representing you in negotiations with insurance companies or in court if required. 

• Consultative guidance: Providing ongoing advice and support throughout the entire claims process. 

Schedule a Free Consultation

If you’re facing a permanent partial disability as a result of a workplace injury, don’t navigate this process alone. Schedule a free consultation with our team at Gerstner Adam Law to discuss your case and learn how we can help you secure the compensation and support you deserve.