Permanent partial disability for injured workers

Most states, including D.C., Virginia and Maryland, include permanent partial disability benefits or permanent impairment benefits in their workers compensation laws. What is a permanent impairment and what are permanent partial disability benefits (ppd)?

Workers compensation laws in all three jurisdictions include a schedule of weeks available for permanent partial disability benefits and these schedules, body parts and benefit rates vary according to the workers compensation system the injured worker receives benefits in. Generally, these benefits are designed to compensate an injured employee for an on the job injury after he or she has reached maximum medical improvement and returned to gainful employment - either light duty or full duty. For example, a worker with a torn rotator cuff may be able to return to work despite the rotator cuff tear. He or she should be paid temporary total disability benefits while unable to work. After returning to work and reaching maximum medical improvement, a doctor may give that injured employee a disability rating or impairment rating - expressed as a percentage disability. Usually, the AMA Guides for the Evaluation of Permanent Impairment are used by the physician, and other factors may be incorporated into the rating, such as pain, atrophy, wasting, loss of strength and loss of endurance.

Each workers compensation system compensates injured workers differently for permanent partial disability. For example, D.C. and Virginia do not allow for impairment ratings to the neck, back or whole body. Maryland allows whole body and "other cases" - shoulder, neck, back - disability ratings and claimants can receive benefits for permanent injuries to these body parts under Maryland's schedule. Maryland workers compensation has different tiers depending upon the severity of the impairment that determine the compensation rate for the permanence award. Virginia and D.C. use the employee's workers compensation rate (2/3 of the average weekly wage) to pay permanent impairment awards.

When and whether to obtain permanent partial disability in a DC, Virginia or Maryland workers compensation case will depend on a number of factors - the most significant factor is where your compensation case is filed. The workers compensation statutes are different in DC, Virgina and Maryland, and so are the benefits.