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Disability Archives

Auto Accident Disability Damages

Disability caused by a car accident should be considered a separate element of damages in a motor vehicle collision settlement claim. Physical disability is a permanent physical injury or permanent health condition resulting in impairment of any physical function. Some use the terms disability and permanent injury interchangeably, but it is clear that damages awarded for physical disability should be separate from damages for future pain and suffering and loss of earning capacity, and even loss of enjoyment of life. An accountant loses his leg in a railroad crossing accident may have no future loss of earnings or future pain and suffering, but he definitely has a disability and certainly a loss of enjoyment of life.

Workers Compensation Permanent Partial Disability Benefits

In Wisconsin PPD or permanent partial disability benefits are paid an injured employee when he or she reaches the end of healing and the doctor states there is a permanent work-related injury.  The end of healing period is the time when, as stated in Larsen Co. v. Industrial Commission, 9 Wis. 2d 386 (1960), "[a]n employee's disability is no longer temporary when the point is reached that there has occurred all of the improvement that is likely to occur as a result of treatment and convalescence."  The end of healing is when the condition has become stationary.

What is Workers Comp Total Disability

What is workers comp total disability in Wisconsin? In most cases this means an injured worker has a work-related unscheduled or nonscheduled injury to the head, neck or back resulting in permanent restrictions preventing the man or woman from working.  If a worker's compensation judge rules an injured worker is permanently totally disabled, under Wis. Stats. Sec. 102.44 the worker is entitled to temporary total disability or TTD benefits for as long as the disability lasts, up to lifetime benefits.  There is also a death benefit that may be available to the dependents upon the worker's death.

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