Partial disability is a state in which you are no longer able to perform the physical tasks you used to. However, you are still able to function and perform other tasks the job may require. Approximately $2.3M to $2.4M goes to partially disabled employees each year in Oklahoma Workers’ Compensation claims. As you can see, this is a significant amount of money in awards. Understanding the types of disability statuses can help you understand which applies to your situation and what you may be entitled to. Our article will try to give you some insight into the nuances of these disabilities if you are facing a Workers’ Compensation claim.
Partial Disability Statuses
Partial disability is where a worker is unable to perform certain tasks because of a work injury. This means they have no capacity, because of their injury, to earn substantially the same wages that they earned before. Partial disability can be either temporary or permanent, depending how long the injury will impact your working abilities. People who receive a permanent partial disability rating have often reached what is called Maximum Medical Improvement (MMI). This means that the doctor believes they have done what they can to get you as healed as you will ever be.
Temporary Partial Disability
The Oklahoma Workers’ Comp Act describes temporary partial disability as the inability of a worker to perform their regular duties for a temporary period of time. As a result, it’s legal for the company to provide alternative work, what some places call “light-duty” or “desk duty”. The idea is that you can still earn wages close to your normal wages while you are healing. Thus, the company expects that you will be able to return to your normal position after medical care and rehabilitation takes place.
An explanation of your compensation for temporary partial disability is under §45(B). This allows you compensation up to 70% of your regular wage for up to a year. However, any work that your employer offers as an alternative to your normal position, you must accept. If you do not accept it, your job will be able to terminate your employment on the basis they provided accommodations within your abilities. This would make pursuing a wrongful termination suit difficult for you. The only way to avoid this outcome would be if your doctor states the light duty work offered doesn’t fall into your restrictions.
Permanent Partial Disability
Permanent partial disability is only slightly different. It means that you will never be able to return to your original position due to the workplace injury. This will be true even after your maximum medical improvement is complete. But, because you are only partially disabled, you may perform permanent alternative work.
The law addresses this status under 85A O.S. Annotated §2(34). The available compensation for an employee who receives this status may last for 6 ½ years and be up to $323 each week. Also, the company should provide you with a year of job training in an area of employment that is possible for you.
Creek County Workers Compensation Attorneys Can Help
When going through a partial disability rating through Workers Compensation, you should explore what your rights are. In instances of permanent partial disability, you should know exactly what you’re entitled to and when. As for temporary partial disability, knowing what your employer can offer and what will happen if they don’t is crucial to not only ensuring your injury doesn’t worsen, but also what you can refuse.
Although this article briefly summarizes the differences, we recommend you get legal counsel if you have further questions as there are many legal channels that you must properly go through in order to get your full compensation. Our Creek County Attorneys have years of Workers Compensation experience handling partial disability claims. Call our team today at 918-209-3709 or use our online Ask A Lawyer feature for a free consultation to discuss your options. For other legal topics, check out our Creek County law blog.
