What is the difference between total and partial disability benefits?
Reviewed for legal accuracy by
When you receive workers’ compensation benefits, you will fall into one of two categories. Your injuries will either qualify you for total disability or partial disability.
Understanding these categories is essential as it will affect your benefits and other aspects of your claim.
Partial disability status
Partial disability is a legal benefit status, not simply a description of how severe an injury feels. A qualifying IRE rating below 35% can support a change to partial disability, generally limiting that status to 500 weeks of wage-loss benefits. An IRE status change alone does not reduce the weekly rate.
Total disability status
A qualifying IRE rating of 35% or higher carries a presumption of continuing total disability. An impairment percentage is different from the effect of the injury on earning capacity; inability to perform any possible work is not the definition used for every total-disability claim.
You can receive benefits for the entire time you have the total disability rating. However, your employer can ask for a review after 104 weeks to see if you remain at total disability status.
Importance of status
Your status under workers’ compensation is important to note. It will tell you how long you can receive benefits. If you reach the maximum on partial disability, you will have to figure out how to return to work so that you can continue to have an income.
Contact an experienced workers’ compensation attorney for a free, no-obligation consultation to learn how we can help you. Call 610-892-9300 or contact us online.