How to prove a permanent disability in a workers’ comp claim

When a workplace injury leads to permanent disability, you deserve suitable compensation. However, proving a permanent disability requires strong evidence and careful documentation.

The workers’ compensation process ensures that injured workers receive the benefits they deserve when they cannot fully recover from a workplace injury. Missouri law sets specific standards for proving permanent disability.

Document the injury and treatment thoroughly

Medical records are your first resource for proving permanent disability. You should seek consistent medical treatment and follow all recommendations from healthcare providers. Keep detailed documentation of the injury, treatment and ongoing limitations. Medical professionals will continuously evaluate the injury and determine whether it has resulted in a permanent disability.

Obtain a permanent disability rating

A permanent disability rating is an important part of the workers’ compensation process. Missouri uses the American Medical Association’s guidelines to assess the level of permanent disability. A qualified doctor will examine the injury and assign a percentage rating that reflects the severity of the disability. This rating helps determine the benefits you will receive.

Show how the injury impacts your ability to work

To prove a permanent disability, you must demonstrate how your condition affects your ability to perform job duties. This includes showing that you cannot return to your previous position or perform similar work due to new limitations. Vocational experts or occupational therapists can evaluate your skills, training and job prospects to support the claim.

Understand the difference between total and partial disability

Missouri law recognizes both permanent partial disability and permanent total disability. Permanent partial disability means you can still perform some work, but not at full capacity. Permanent total disability means you cannot return to any gainful employment. Proving total disability often requires additional evidence, such as testimony from medical or vocational experts.

In Missouri, workers must submit all evidence and documentation to the Division of Workers’ Compensation. Presenting a clear and complete case increases your chance of receiving fair benefits for a permanent disability.

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