What Rights Do I Have After Suffering a Permanent Disability Due to a Workplace Injury?
Work-related injuries can be life-altering and traumatic. This is especially true if you sustain a permanent disability. A work-related permanent disability is an injury suffered on the job that leads to lifelong impairment, preventing the worker from performing their usual daily activities and hindering their ability to work. Examples of work-related permanent injuries include spinal cord injuries, loss of limbs, chronic pain, hearing loss, and vision loss. After suffering a permanent disability due to a workplace injury, you may wonder what legal rights you have. Understanding what rights you have after suffering a work-related permanent disability is vital to ensure you receive the appropriate support and compensation. The following are some of your rights after suffering a work-related permanent disability.
- Workers’ Compensation Benefits
Workers’ compensation provides financial benefits to employees who sustain job-related injuries or illnesses. In Vermont, all employers are required to have workers’ compensation insurance. As long as you are not an independent contractor, you are covered under the workers’ compensation system. Full-time, part-time, and seasonal employers are all eligible for workers’ compensation benefits after suffering an injury or illness while on the job. Workers’ compensation benefits may include medical expenses, vocational rehabilitation, and disability benefits. When it comes to disability benefits, if you’ve suffered a permanent disability due to a workplace injury, you are entitled to permanent disability benefits. Vermont workers’ compensation law provides permanent partial disability (PPD) and permanent total disability (PTD) benefits. PPD benefits are awarded when an injury impairs an employee’s ability to function but doesn’t “totally” disable them. On the other hand, PTD benefits are awarded when an injury prevents a worker from permanently returning to any regular and gainful employment.
- Personal Injury Law Protection
If your permanent disability was the fault of a third party other than your employer, you have the right to file a personal injury claim against the third party on top of filing a workers’ compensation claim and recover additional compensation. A personal injury claim can provide compensation for damages not covered under workers’ compensation, such as pain and suffering.
- Social Security Disability Benefits
After suffering a permanent disability due to a workplace injury, you may be eligible for Social Security Disability Benefits. Social Security Disability Insurance (SSDI) is a federal program that provides monthly payments to individuals with a disability that prevents them from working or limits their ability to work. Social Security Disability Benefits can cover medical expenses and everyday living costs while you recover. However, to be eligible for Social Security Disability benefits, you must have worked long enough in jobs where you paid Social Security taxes on your income, earning enough work credits.
- Rights Under the Americans with Disabilities Act (ADA)
The Americans with Disabilities Act (ADA) protects the rights and dignity of individuals with disabilities. This Act prohibits discrimination against individuals with disabilities. The ADA mandates reasonable accommodation in the workplace, thus ensuring equal opportunities and access for people with disabilities.
Contact Our Vermont Workers’ Compensation Attorney
If you have suffered a permanent disability due to a workplace injury, contact our skilled Vermont workers’ compensation attorney at Sluka Law PLC for help filing your workers’ compensation claim.
