What is a permanent disability?

Permanent disability is a legal term used to refer to a condition that affects an individual on a long-term or permanent basis. The term is used in a variety of contexts, but is of particular importance under Virginia Workers’ Compensation Law. Under this law, a permanent disability is an injury or illness that has been determined to be medically permanent, or likely to last the lifetime of the injured employee. Permanent disability is determined through medical evaluations and usually requires an individual to be unable to work or do everyday activities due to the very nature of their injury or illness. In Virginia, workers’ compensation benefits that are sent by an employer or an insurance company are calculated based on an injured worker’s permanent disability, if one is determined. Eligibility for workers’ compensation benefits is based on whether the permanent disability is total or partial, and is determined by a doctor or a disability rating board who will review the employee’s medical records to make a determination. In cases of permanent disability, the worker can receive income benefits, rehabilitation services, medical bills, and even vocational training, depending on the specifics of their case. The worker may also be eligible to receive compensation in the form of a lump sum settlement determined by the court. Permanent disability is serious and is an important issue that employers and insurance companies must take seriously. Understanding the issue of permanent disability is important for anyone dealing with workers’ compensation law in Virginia.

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