PERMANENT TOTAL DISABILITY BENEFITS

If a Judge determines that you will be unable to participate in any type of employment for the rest of your life, you should receive Louisiana Workers Compensation Permanent Total Disability benefits. Permanent Total Disability benefits are paid weekly for the remainder of your life or until you return to employment. You and the Workers Compensation insurance company are allowed to convert those weekly benefits to a one-time lump-sum payment, as long as the settlement is approved by the Louisiana Office of Workers Compensation.

You must usually present the Court with persuasive evidence from both your treating physician and a Vocational Rehabilitation Expert in order for a Judge to determine that you are permanently totally disabled.

Certain types of very severe catastrophic injuries create a presumption that you are permanently totally disabled. For many of these injuries, you should receive a one-time lump-sum payment of benefits in addition to your weekly Permanent Total Disability Benefits.

Most people who qualify for Louisiana Workers Compensation  Permanent Total Disability benefits also qualify for Social Security Disability benefits. It's very important to get legal advice before converting your weekly benefits to a lump-sum settlement because of the impact this can have on your future Social Security Disability and Medicare benefits.

Louisiana Workers Compensation claims for Permanent Total Disability are not as common as claims for Temporary Total Disability or Supplemental Earnings Benefits. The legal standard in Louisiana Workers Compensation Permanent Total Disability claims is higher than the legal standard required in claims for Temporary Total Disability or Supplemental Earnings Benefits. The legal standard is also different than the proof required in other types of disability claims, such as claims for Social Security Disability, Veterans Benefits or Long-Term Disability benefits under a private policy.

Many people who are found by the Court to be Permanently Totally disabled have claims that fit one of two types. The type of claim that probably most often results in a person being found by the Court to be permanently totally disabled involves claimants who: (1) have a work history of arduous physical labor, (2) are essentially illiterate, and (3) have serious injuries, often involving head injuries or multiple spine surgeries. Other claimant's who have a well documented history of mental health treatment which indicates that they would have serious difficulty functioning in a work-place setting regardless of their physical disability are sometimes found to be permanently totally disabled if they also have a substantial physical disability resulting from a work-related injury or illness.

In cases where the claimant has already qualified for Social Security Disability, and it's readily apparent that claimant is also likely to qualify for Louisiana Workers Compensation Permanent Total Disability, the Workers' Compensation insurance company may stipulate (i.e., tell the Court they agree) the claimant is permanently totally disabled so they can ask the Court to "reverse the offset" of the claimant's Louisiana Workers Compensation income benefits by the Social Security Administration.

Either the claimant or the employer may file a Request for Social Security Benefits Information with the Louisiana Office of Workers Compensation. The Louisiana Workers Compensation Court will then obtain the offset information from the Social Security Administration. 

If the Court then concludes after a trial that the claimant is permanently totally disabled, or if the parties stipulate to the claimant's Permanent Total Disability, the Louisiana Workers Compensation Judge may then instruct the Social Security Administration to "reverse the offset" of the claimant's Social Security Disability benefits. If the Judge issues such an Order, then the Social Security Administration will increase the claimant's Social Security Disability benefit to their maximum personal level and the Workers Compensation insurance company is allowed to reduce their payments to the claimant by a corresponding amount.

In Louisiana, the Workers Compensation - Social Security Disability offset may be reversed only after the Louisiana Workers Compensation Court has issued an Order determining that the claimant qualifies for Louisiana Permanent Total Disability benefits.

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