Permanent vs. Temporary Disabilities

One of the types of loss for which a workplace accident victim can usually recover monetary compensation is a disability. A disability is defined as any impairment of movement, sense, ability, or activity. Examples of disabilities include blindness, paralysis, and nerve damage that impedes an individual's ability to fully use a part of his or her body.

An individual can recover damages for a permanent or temporary disability depending on the circumstances of his or her injury. A temporary disability is a disability that will go away once the individual recovers. A permanent disability, like its name implies, is a disability that the victim has to manage for the rest of his or her life. If you have been injured in a workplace accident, seek medical care for your injury as soon as possible. Then, talk to an experienced workplace injury attorney about filing a claim to recover your losses.

A few examples of permanent total disabilities include:

• Total blindness;
• Total deafness;
• Permanent brain damage;
• Loss of both arms or both legs; and
• Paralysis.

This type of disability generally means that an individual can no longer work. Less serious, yet still permanent, disabilities are known as permanent partial disabilities. A few examples of permanent partial disabilities include:

• Partial deafness;
• Partial blindness;
• Amputation of a body part;
• Post-traumatic stress disorder; and
• Nerve damage.

For a permanent disability, a workplace injury victim generally receives a lump sum for his or her losses.

Temporary total disabilities are disabilities that prevent an individual from working for a short period of time. Temporary partial disabilities only partially hinder an individual's ability to work, and he or she might be able to do a modified version of his or her job while he or she recovers. For a temporary disability, a claimant can generally expect to receive compensation through weekly or biweekly checks for a fraction, usually two thirds, of his or her normal salary.

A few examples of temporary disabilities include a broken arm or leg, a concussion, or a torn ligament.

The compensation that an individual receives for a temporary disability is to cover his or her medical bills, missed wages, and short-term use of a disability aid like a motorized scooter or wheelchair. In contrast, the compensation that an individual receives for a permanent disability may be for these costs as well as the individual's projected lost earnings due to having to leave the workforce.

A disability, whether it is temporary or permanent, will change your life after your accident. If these changes come with financial losses, you have the right to seek compensation for these losses through a workplace injury claim. Get started on your workplace injury claim today by contacting Corsiglia, McMahon, & Allard, L.L.P. to schedule your free legal consultation with a passionate San Jose workplace injury attorney at our firm. We are available for clients in the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

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