In a very small minority of cases the injuries are so severe that the employee suffers from Total Disability for the rest of their life. It is very rare to receive Total Disability Benefits, but in the event that the employee is totally disabled, the employee is entitled to sixty-seven percent, which is two-thirds of their average weekly wage. The employee is entitled to a cost-of-living adjustment after the first year, although the formula for the cost-of-living adjustments is generally not generous to employees. Nonetheless, its often in the employee’s best interest to effectuate a lump sum settlement of their claim for permanent and total disability because that will allow social security payments to take over in full and essentially allow the employee to have their cake and eat it as well.
To discuss a workers’ compensation matter, please contact Judd L. Peskin via email or by telephone at 413-734-1002.