Philadelphia
Permanent Disability Lawyers

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Permanent disability may be one of the most frightening terms used in personal injury law. Accidents that cause severe injuries that prevent a person from being able to work are common. Car accidents, workplace injuries, even slips, trips, and falls can leave you permanently disabled. The Law Offices of Joel J. Kofsky always want to see anyone we represent able to return to the life they had before the accident. When that can’t happen, we fight to make sure you and your family get the benefits you are going to need to make the most of your life.

What Does Permanently Disabled Mean?

A permanent disability is any injury that will cause the victim to lose functionality permanently. A disability that is considered permanent will restrict a person’s enjoyment of the life they had before the accident. Many people live fulfilling lives after suffering a permanent disability. Our staff and lawyers are dedicated to making sure that you or your family member who suffered a disability that might be permanent have the care and resources available to move past the accident.

More than one quarter of adults in the United States live with a disability. The most common disabilities involve ability to move, walk, climb stairs, or participate in physical activities. About 13.7 percent of all disabilities are movement-restrictive according to data from the Centers for Disease Control (CDC). 

Disabled Americans are more likely to become obese, smoke, and suffer from heart disease and diabetes. In Pennsylvania, 23.9 percent of residents live with a disability. Disabled Pennsylvanians are even more likely to smoke, have heart disease, and diabetes than the national average, according to data from CDC. 

Laws Regarding Permanent Disability

Permanent disability is a legal finding that must be made through the U.S Department of Social Security. In Pennsylvania, the Bureau of Disability Determination is responsible for concluding whether a person’s injuries amount to a permanent disability. The Bureau processes 145,000 claims each year.

The law restricts what constitutes a permanent disability. The guidelines the Bureau uses to make a decision are:

  • You must be unable to do any substantial work
  • Your disability must have lasted -or be expected to last- more than one year or result in death

A person who is determined to be permanently disabled and is unable to work may qualify for Social Security benefits. The law restricts who may be granted benefits. 

To Be Eligible For Social Security Disability Benefits (SSDI)

  • You must have contributed to Social Security through taxes
  • You must be the insured worker or the adult child or widow 
  • You must meet the definition of disabled according to the Social Security Administration
  • You must be unable to do any substantial work

Some people who have been found to be permanently disabled can also qualify for Supplemental Security Income (SSI) benefits. 

To Be Eligible For SSI

  • You must have little or no income or resources
  • You must be a US citizen or meet specific non-citizen requirements
  • You must be unable to do any substantial work
  • You must meet the definition of disabled according to the Social Security Administration

Partial Disability in Pennsylvania

Pennsylvania provides short-term benefits for partially disabled residents. Typically, if a worker is injured and is not able to return to work making the same or better income, benefits are available to help make up the difference. Benefits can be collected for up to 500 weeks, which do not have to be collected consecutively. 

Partial Disability benefits are provided through the Pennsylvania Department of Labor and Industry. Specific benefits are provided for children of workers in addition to benefits following the death of a worker. 

Costs of Long-Term Disabilities

In the United States, disability-related hospital visits are responsible for $397 million in health care costs. The average annual medical cost for disabled Pennsylvanians is $13,431 per person. Long-term disability costs can easily exceed $1 million over your lifetime. Severe disabilities, like the loss of limbs, brain damage, and disfigurement can lead to numerous other illnesses. 

When you or a loved one are permanently disabled in an accident that is not your fault, you are entitled to benefits for pain and suffering. A skilled workers compensation lawyer like those at the Law Offices of Joel J. Kofsky will help you with the entire process, from ensuring your medical records are correctly filed and interpreted, to making sure the insurance companies understand you won’t be bullied into an unfair settlement after an accident that wasn’t your fault. 

Why A Personal Injury Lawyer is Essential

Benefit payouts for partial and total disability are expensive. Insurance companies will fight to reduce liability by trying to get your injury classified as low as possible. Doing so reduces their settlement and long-term costs, and also means you and your family will not have the resources you need to recover. 

The personal injury lawyers at the Law Offices of Joel J. Kofsky know every trick in the book, and we know how to get the insurance companies to do the right thing. We fight on your behalf to ensure you don’t have to suffer permanently for an injury that was not your fault. Our lawyers will go to court to hold the responsible parties accountable and make sure you and your family get the best possible outcome.

The accident lawyers at the Law Offices of Joel J. Kofsky would like nothing more than to see everyone we help fully recover and live the best life they can, but it is a fact of life that some injuries will leave permanent harm. That is why we fight so hard to make sure that you get the benefits you will need. Our lawyers will help you from the first call until long after we win your case.