Permanent Total Disability

Permanent Total Disability in Richmond

Talk to a Richmond Workers’ Compensation Attorney Now!

On the job injuries come in many different shapes, forms and severities. Some injuries are so severe that they prevent you from ever going back to work without some form of pain. This is known as “permanent disability.” If this pain is so severe or the damage is so bad that you can’t work in any capacity ever again, then you are considered permanently and totally disabled. Section 65.2-500(D) of the Virginia Workers’ Compensation Act states that permanent total disability may entitle you to weekly compensation benefits, possibly for the rest of your life and without limit.

Employers and insurance companies nearly always dispute permanent total disability declarations, so you should make sure you have a powerful and experienced Richmond workers’ compensation attorney on your side to help protect your rights. At Harbison & Kavanagh, we understand how important your case is to your life, and we work hard to provide you with the highest levels of professionalism and client service along with personalized and compassionate representation all throughout the process. With more than 40 years of combined experience, our attorneys have helped numerous clients seek the resolution they deserve after being injured at work, and have substantial experience with permanent total disability cases. Trust your case to an experienced team and give yourself the best possible chance at a successful resolution.

Call Harbison & Kavanagh today by dialing (804) 823-2050 to request a free consultation and start reviewing your legal options if you have been seriously hurt while on the job.

Proving Your Entitlement

Virginia Code Section 65.2-503(C) states an injured worker may receive permanent total disability benefits in a select few circumstances. This designation is reserved for those who have sustained the most serious injuries, or injuries which are the most debilitating and life-impacting.

  • You may be entitled to permanent total disability benefits if:
  • You lose both of your hands, feet, legs, eyes, or any two of these body parts in the same accident
  • Your injury results in total paralysis
  • You injure your brain to the point where you can no longer be gainfully employed

It’s not hard to prove when one of these conditions occur: simply showing the court that you’ve lost both your hands in an accident should suffice to satisfy this requirement. However, showing paralysis or a brain injury may not be enough—your employer may contest the claim and try to show your injury was influenced by an outside, non-work-related factor. They may also try to argue that your condition could improve with continual treatment, and that your benefits should still be considered either temporary or partial.

Should I Settle?

It’s also not uncommon for insurance companies and employers who know they will be found at fault to present a settlement offer quickly, and then pressure the injured party into taking it. We’ve seen this tactic time and time again, and we firmly believe that everyone deserves a fair and reasonable outcome. Often times these settlements may seem like a large sum of money, but odds are they’re barely enough to cover your medical bills and treatments for the next few years, let alone the rest of your life. Settling will put an end to the long and strenuous legal battle, but are you really getting a fair deal?

Having an attorney review the evidence in your case can help you develop a strong argument in favor of your condition and prove that your employment was the result of your injuries, thus entitling you to compensation. The laws regarding workers’ compensation are complex, and dealing with pressure from your employer or their insurance company can be a truly stressful and intimidating experience. Trust a skilled professional to handle the difficult part; let Harbison & Kavanagh handle your case, so you can focus on what matters most: your recovery and care for your loved ones.

If you’ve been seriously hurt at work, get a free case evaluation today! Contact Harbison & Kavanagh to get started.

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Injured While Working?

Know Your Rights & Responsibilities

  • 1

    Immediately tell your supervisor or employer about the injury.

  • 2

    Do not give a recorded statement to an insurance company.

  • 3

    You have the right to pick your physician from a provided list.

  • 4

    You have 2 years to file a claim with the Workers’ Compensation Commission.

  • 5

    Call Harbison & Kavanagh for a FREE online consultation.