Once a Vermont worker reaches Maximum Medical Improvement (MMI), they may be entitled to permanent disability benefits if the injury has caused a lasting impairment. Vermont law provides two types of permanent disability benefits:

Permanent Partial Disability (PPD) benefits compensate workers for injuries that result in a permanent impairment. To determine the level of impairment, doctors use the American Medical Association’s Guides to the Evaluation of Permanent Impairments, 5th Edition. The doctor assigns a percentage rating to the worker’s permanent injury, which is then converted into a monetary award based on the worker’s Average Weekly Wage and Compensation Rate.

Permanent Total Disability (PTD) benefits apply to the most severe injuries that prevent workers from returning to any regular and gainful employment. PTD benefits are awarded in addition to any PPD benefits. Vermont’s Workers’ Compensation Statute specifically identifies certain injuries that automatically qualify as permanent total disability, including blindness in both eyes, loss of both hands or both feet, and the loss of one hand and one foot. Beyond these, a worker may also be considered permanently and totally disabled if their injury, combined with factors such as age, experience, training, education, and mental capacity, renders them unable to engage in regular employment. This broader category is commonly referred to by lawyers as the “odd lot doctrine.”

How a Lawyer Can Help You Get the Most Permanent Disability Benefits

Navigating permanent disability benefits in Vermont can be complex, especially when it comes to proving the extent of your impairment and ensuring your compensation reflects your true losses. An experienced Workers’ Compensation lawyer can guide you through the legal process, help gather the necessary medical evidence, challenge inaccurate impairment ratings, and fight to maximize your benefits so you receive the full compensation you deserve.

Disputes over Permanent Partial Disability (PPD) Ratings

One common area of dispute in Workers’ Compensation claims is the correct permanent impairment rating for the injured worker. Employers or their insurance carriers have the right to send the injured worker to a doctor of their choice to perform a permanency rating. Meanwhile, the injured worker has the right to obtain a rating from their treating doctor or from another doctor of their choosing if the treating doctor does not provide impairment ratings. Not surprisingly, ratings from the employer/carrier’s doctor are often lower than those from the worker’s doctor.

An experienced attorney can help you secure the highest impairment rating possible under the rating system. At Jarvis & Modun, we thoroughly understand the AMA Guides and how the impairment rating system works. We ensure your treating doctor considers all medical conditions that should be included in the rating and recognize common mistakes doctors may make. If your treating doctor does not perform impairment ratings, we can refer you to a physician familiar with the AMA Guides who will conduct a comprehensive examination. If a dispute arises over the correct impairment rating, we will vigorously advocate to obtain the best permanency award possible for you.

Permanent Total Disability (PTD)

Permanent Total Disability (PTD) claims are among the most complex cases within the Workers’ Compensation system. They involve the most serious injuries and require careful evaluation of whether the injured worker is capable of engaging in regular and gainful employment. PTD claims also represent the highest financial exposure for insurance carriers and employers, making them some of the most thoroughly litigated Workers’ Compensation claims.

If you have been injured at work and fear you may never be able to work again because of your injury, it is essential to hire an experienced Vermont Workers’ Compensation attorney to guide you through the claims process. The attorneys at Jarvis & Modun have extensive experience identifying the types of medical conditions that can prevent a return to regular employment. When your medical condition warrants it, we know how to build a strong case to prove you are permanently and totally disabled.

If you fear that you are unable to work again due to a work-related injury, call Jarvis & Modun at (802) 540-1030 for a free initial consultation. We will explain the steps necessary to establish your claim for permanent total disability and advocate for the benefits you deserve.

A Workers’ Compensation Lawyer Can Help Save Your Social Security Disability

If you are receiving or applying for Social Security Disability Insurance (SSDI) benefits, settling your Workers’ Compensation case incorrectly could cost you money. This is a complex area of law that requires a detailed understanding of both Workers’ Compensation and Social Security Disability benefits—and how they interact.

If you qualify for both Workers’ Compensation and Social Security Disability benefits at the same time, it’s essential to seek help from a lawyer who thoroughly understands the complicated relationship between these two programs before settling your Workers’ Compensation claim. Craig Jarvis has educated attorneys nationwide on strategies to preserve Social Security Disability benefits when settling Workers’ Compensation cases. He also advises lawyers in Vermont and other states on the best approaches for their individual cases.

At Jarvis & Modun, we prioritize educating our clients about how Workers’ Compensation and Social Security Disability benefits relate to each other. We carefully consider this relationship in every Workers’ Compensation settlement or award, structuring each outcome to best serve the unique needs of every client. Call Jarvis & Modun to learn more about how we can help you protect your benefits in both Workers’ Compensation and Social Security Disability claims. We especially enjoy helping clients maximize benefits from both!