You may be eligible for additional benefits through workers’ compensation for a work-related injury.
After you have been successful in receiving your temporary benefits through workers’ compensation, you may be eligible for additional benefits. There are two types of permanent partial disability – functional disability and work disability.
What Is Functional Disability Compensation?
Functional disability compensation is payment for the reduced functioning of a body part due to an injury sustained after being released from medical treatment. The functioning of the body part is compared to the state prior to the injury. Functional disability is calculated as a percentage based on the assessment by a doctor.
How Is Functional Disability Compensation Assessed?
A doctor assesses the overall condition of the injured body part by investigating the loss of strength, loss of range of motion, and complaints of pain. The doctor will then assess the percentage of ability as compared to your pre-injury state. For example, in case of a shoulder injury that leaves you with 80% functionality compared to your previous state, you would get benefits for the 20% disability that you have sustained.
The calculation of functional disability compensation is based on three factors:
- The body part affected.
- Percentage of disability.
- The rate of compensation.
Functional disability compensation is applicable in cases of scheduled injuries only or in case of an unscheduled injury and the individual is not eligible for work disability. Scheduled injuries are those which do not involve any injury to the head, back, or bilateral extremities and unscheduled injuries are injuries to head, back, and bilateral extremities.
Receiving Work Disability Compensation
Work disability compensation is applicable in cases of unscheduled injuries which have left you with restrictions towards performing the job that you used to do prior to the injury. In this case, a vocational expert examines your case, reviews the jobs you have performed in the last five years, and determines the tasks that are necessary for you to do your job. A doctor then determines the percentage of tasks that you are not able to perform as a result of the permanent restriction imposed by the injury. This is known as task loss percentage. The pre-injury and post-injury wages are compared and the wage loss percentage is determined. The average task loss percentage and wage loss percentage is the work disability.
Kansas City Workers’ Compensation Attorney
If you have sustained a work-related injury, it is advisable to contact a Kansas City workers’ compensation attorney who can explain to you the finer details of the benefits that you may claim. Call The Law Office of James M. Hoffmann at (816) 399-3706.