Permanent Total Disability (PTD) Benefits
Rapid City Workers’ Compensation Attorneys
In South Dakota, employees who are injured on the job or while carrying out work-related activities may be entitled to workers’ compensation if their employers have elected to carry this type of coverage. Under workers’ compensation, injured employees can recover various benefits, including medical benefits and wage replacement benefits. In addition to temporary total disability (TTD) benefits, which compensate employees who are temporarily unable to work at all due to their injury or illness, some employees may be eligible for permanent total disability (PTD) benefits.
Continue reading to learn more about PTD benefits in South Dakota or call Beardsley, Jensen & Lee for help with your claim. Our Rapid City workers’ compensation attorneys have more than 100 years of collective experience and can help you navigate the claims filing process. We can also represent you if your claim is unjustly denied.
Call us today at (605) 777-7466 or contact us online to get started with a free, no-obligation consultation.
What Are Permanent Total Disability Benefits?
Permanent total disability (PTD) benefits are a type of wage replacement benefit available to covered employees who are permanently and totally disabled due to a work-related injury or occupational disease. To be entitled to PTD benefits, you will need to be covered by workers’ compensation, meaning your employer has elected this coverage. You will also need to have a qualifying condition that prevents you from working in any capacity; if your doctor determines that you are able to return to work or that you are able to perform light duty work, you will be ineligible for PTD benefits.
How Much Can You Get from Permanent Total Disability Benefits?
PTD benefits are paid according to specific guidelines set by South Dakota workers’ compensation laws. Payments are made for the entire duration of the employee’s disability, and cost of living adjustments are provided. However, because PTD benefits are so extensive, they are subject to review by the Department of Labor and Regulation.
Injured employees who are eligible for PTD benefits receive:
- 66 2/3% of their average weekly wage, or;
- A minimum payment of $299 per week (if the employee’s average weekly wage is less).
Additionally, South Dakota has a maximum payment of $597 per week (100% of the state’s average weekly wage) for PTD benefits.
Note: To be eligible for PTD benefits in South Dakota, you must receive an impairment rating of 100%, as determined by your treating physician. Your benefits will be calculated based on a variety of factors, including your impairment rating, your average weekly wage before being injured/becoming disabled, the duration of your disability, and more. In some cases, you may be able to receive a lump-sum payment, but PTD benefits are offset by Social Security Disability (SSD) benefits. So, if you are receiving or hope to receive SSD benefits, this can impact your PTD payments.
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Even before I became a client I was taken care of. It was a long battle but I can honestly say I never felt worried, I knew I had an entire team working for me. It didn't matter at what point we were in the legal process, I was always well protected.- Shannon H.
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This was my second case working with the Beardsley Law Team after an auto collision. They were knowledgeable, professional, and personable and kept me informed every step of the way. They are amazing!- Deanine R.
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Brad Lee and his team are amazing and really stood up for us when we needed it! We always knew what was happening and he always took the time to explain the process and set clear expectations. No question or concern was too small.- Brad & Tara F.
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I was in a severe workplace accident. Became permanently disabled. I lost everything. The team of Beardsley, Jensen & Lee went to bat for me. They answered every question I had. I do not know what I would have done without them.- Troy H.