Permanent Total Disability: A Legal Definition

Permanent total disability, or PTD, is a benefit paid to an employee if they are 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 their injuries.

Collecting a PTD settlement or payments does not preclude the disabled employee from filing a personal injury lawsuit. They may still seek legal action against the party whose negligence caused them to become disabled.

Criteria of Permanent Total Disability

If the permanent disability means a worker can’t perform a job for which they are suited by training, education, or experience, the worker is eligible for benefits.

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. Therefore eligibility may vary depending on not only the injuries sustained but also the worker’s profession.

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