Permanent total disability, or PTD, is a benefit paid to an employee if he or she is permanently and totally disabled. Under Indiana law, the employer’s worker’s compensation insurance pays this benefit if the employee is unable to work due to his or her injuries.
Collecting a PTD settlement or payments does not preclude the disabled employee from filing a personal injury lawsuit. He or she may still seek legal action against the party whose negligence caused him or her to become disabled.
Criteria of Permanent Total Disability
If the permanent disability means a worker can’t perform a job for which he or she is suited by training, education or experience, the worker is eligible for benefits. Thus, eligibility may vary depending on not only the injuries sustained, but also the worker’s profession.
For example, while the loss of use of both legs will immediately end a construction career, an accountant would still be able to work in the financial sector with that particular permanent disability. The accountant may not be eligible for a PTD benefit in such a case.