Learn the difference between PPD and PTD workers’ comp benefits, including when they apply and how they’re calculated after a work injury in Montana
If you’ve suffered a permanent injury on the job in Montana, workers’ compensation benefits are designed to provide medical and financial support—but knowing which workers’ comp benefits you’re entitled to and how they’re calculated can be challenging.
At Murphy Law Firm, our goal is to provide injured workers with the knowledge and resources they need to make informed decisions about their workers’ comp claims and financial futures. In this blog, we’ll break down the types of permanent disability benefits available in Montana, explain the difference between partial and total disability, and shed light on how these benefits are determined so you can understand how much your workers’ comp claim is worth.
If you need help calculating the value of your claim or negotiating with insurers to get the full compensation you deserve, reach out to the experienced Great Falls workers’ compensation lawyers at Murphy Law Firm for a free consultation.
What workers’ comp benefits are available to injured workers?
Under Montana’s workers’ compensation system, injured workers are entitled to certain benefits after an on-the-job injury, including:
- Medical benefits for any necessary medical treatment
- Vocational rehabilitation benefits to help with job retraining if an injury prevents a worker from returning to their previous job
- Wage loss benefits equal to two-thirds of a worker’s average weekly wages if their injury temporarily prevents them from working
The goal of these benefits is to help injured workers maintain financial stability while they recover from their injuries so they can hopefully return to work.
However, some workers suffer permanent injuries that prevent them from ever returning to their previous job or, in some cases, any job at all. In these situations, workers may be eligible for additional benefits, such as permanent partial or permanent total disability compensation, to help support them long-term.
What are permanent partial disability (PPD) benefits?
Permanent partial disability (PPD) benefits are a type of workers’ compensation payment designed to support workers who have sustained a permanent injury that partially limits their ability to work. These benefits apply when an injured worker reaches maximum medical improvement (MMI)—meaning their condition is stable and unlikely to get any better—but they are still able to perform some work with limitations or reduced capacity.
For example, losing partial use of a limb, having partial vision or hearing loss, or having limited mobility after a back injury might qualify for PPD.
For injured workers who cannot fully recover, PPD benefits provide critical financial assistance to help bridge the gap between pre-injury and post-injury earning potential. These benefits help injured individuals maintain financial stability while adjusting to a new normal in their personal and professional lives.
How are PPD benefits determined in Montana?
In Montana, permanent partial disability (PPD) benefits are calculated based on specific criteria set forth by the state’s workers’ compensation laws. The determination includes:
- Impairment rating. A medical professional evaluates the severity of your permanent injury and assigns an impairment rating, which reflects the percentage of your physical loss.
- Wage loss. If your injury prevents you from earning the same wages as before, your PPD benefits are adjusted to reflect the difference in earning capacity.
- Age and education. Factors like your age, level of education, and ability to retrain for a new job are also considered when calculating benefits.
- State guidelines. Montana law sets limits on the amount and duration of PPD benefits, and these are applied when determining the final award.
These calculations aim to provide fair compensation for the long-term effects of your injury while considering your ability to return to work in some capacity. If you’re navigating a PPD claim, seeking legal advice can help ensure your benefits are calculated accurately and fairly.
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What are permanent total disability (PTD) benefits?
When the medical condition of a worker is such that there is no reasonable belief the worker can return to any form of work, payment of permanent total disability (PTD) benefits is necessary. Some common injuries that result in permanent total disability are:
- Loss of limbs or critical body parts that prevent a return to work
- Severe spinal cord injuries leading to permanent loss of mobility or sensation below the injury site
- Traumatic brain injuries (TBIs) causing cognitive impairments, memory loss, or inability to perform daily activities
- Occupational diseases like mesothelioma, berylliosis, or chronic obstructive pulmonary disease (COPD) that severely limit lung function
- Total loss of hearing or vision
Determining permanent total disability requires looking at the individual and their skill set prior to the accident. When an injury makes it impossible to return to any type of work, a permanent total disability occurs. But if there are other job duties that can be performed, the claim may be reduced or denied.
How are permanent total disability (PTD) benefits calculated?
PTD benefits are calculated at two-thirds of the worker’s average weekly wages, but the maximum weekly compensation cannot exceed the state’s average weekly wage at the time of the injury. After 104 weeks of receiving PTD benefits, the benefit amount is adjusted annually on July 1st based on increases in the cost of living.
How long can I get PTD benefits in Montana?
In Montana, permanent total disability (PTD) benefits are paid until the injured worker reaches the age of Social Security eligibility, typically age 67. Once you reach Social Security eligibility age, workers’ compensation benefits may cease, as Social Security retirement benefits are expected to take over. However, certain exceptions or adjustments may apply depending on your unique situation.
If you have questions about your eligibility or how long your benefits will last, we highly recommend that you speak with a local Montana workers’ compensation attorney who can help you understand your rights and ensure you receive the full support you’re entitled to.
How do I get permanent disability benefits after a work injury in Montana?
To secure the benefits an injured worker is entitled to, compelling evidence must be presented that clearly establishes the nature and extent of the injury and its impact on the worker’s ability to perform their job. This process involves a thorough analysis of medical records, diagnostic reports, and a detailed understanding of the physical and mental demands of the worker’s job.
In most cases, expert testimony from treating physicians, specialists, or independent medical examiners is crucial.
These experts assess the severity of the injury, the worker’s functional limitations, and the likelihood of recovery. Their findings must be presented effectively within a legal framework to demonstrate how the injury qualifies for specific workers’ compensation benefits, whether temporary, permanent partial, or permanent total disability.
Additionally, vocational experts may be called upon to evaluate how the injury affects the worker’s ability to find alternative employment, if applicable. The success of a claim often hinges on combining medical evidence with legal arguments that align with the requirements of workers’ compensation law.
Experienced workers’ compensation attorneys play a critical role in this process. They know how to navigate the complexities of the law, present evidence persuasively, and advocate for the full range of benefits an injured worker is entitled to. With the right legal representation, injured workers can ensure their rights are protected and their long-term medical and financial needs are met.
Did a work injury in Montana leave you permanently disabled? We can help!
Suffering a catastrophic injury is life-changing, affecting not only your ability to work but also your financial stability, emotional well-being, and quality of life. Ensuring you receive full compensation is crucial to covering your medical expenses and lost wages so you have the financial support you need to move forward.
At Murphy Law Firm, we understand the struggles workers face after a permanent injury, so we know that obtaining maximum compensation is crucial. With over 75 years of combined experience, our dedicated Great Falls workers’ compensation lawyers have helped countless clients secure the full benefits they deserve. Let us put our experience and compassion to work for you.
