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The Nomberg Law Firm

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A State-by-State Guide to Permanent Total Disability Benefits After a Work Injury

See how each state determines PTD eligibility, payment amounts, benefit duration, settlements, filing deadlines, and more

Injury Attorneys (Home) / Workers' Comp PTD Benefits in Every State

A serious workplace injury can cause permanent limitations that make it impossible to return to any kind of work. When that happens, workers’ compensation can provide long-term and even lifetime benefits to help replace the income you can no longer earn.

What those benefits are called depends on where you live. Permanent total disability (PTD) is the most common term, but some states also use names like total disability, permanent total incapacity, total incapacity, lifetime income benefits, and pension benefits.

The differences, however, go far beyond the name. In some states, certain catastrophic injuries automatically qualify for PTD benefits. In others, the focus is on whether you can return to any type of suitable work. 

Benefits might continue for life in one state but end at retirement age or after a set period in another. How much you can receive, whether you can take a lump-sum settlement, and the deadlines for pursuing a claim also vary.

That can make it difficult to know what a permanent disability could mean for you financially and how to plan for your future.

In this guide, we’ll answer some common questions about permanent total disability after a work injury and outline the rules for PTD benefits in all 50 states, including who qualifies, how benefits are calculated, how long they last, how long you have to report an injury, and where to file a claim. 

If you have questions or need help getting the workers’ comp benefits you’re entitled to after a work-related injury or occupational disease in Alabama, reach out to the experienced Birmingham workers’ compensation attorneys at Nomberg Law Firm for a free consultation.

Workers’ comp permanent total disability laws and benefits by state

Workers’ compensation laws, benefit amounts, and filing requirements can change. Always check with a workers’ compensation attorney in your state to verify the current rules and deadlines that apply to your claim.

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Find your state's benefits

Choose a state to explore eligibility, benefit amounts, filing deadlines, and where to get help.

Alabama

Benefit name

Permanent total disability (PTD) under Ala. Code § 25-5-57.

Who qualifies

Workers whose injuries leave them permanently unable to return to their usual line of work or earn a living in another type of job, even with retraining.

Covered injuries

Losing sight permanently in both eyes or losing both arms at the shoulder can establish PTD under Alabama law. Other physical injuries and mental impairments may also qualify based on how severely they affect the worker's ability to earn a living.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wages before the injury, subject to Alabama's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring on or after July 1, 2026, the maximum weekly benefit is $1,219.

How long benefits last

There is no set number of weeks. Benefits can continue as long as the worker remains permanently and totally disabled.

Lump-sum option

Available if the worker and employer agree to a lump-sum payment and the court determines that it is in the worker's best interest.

Deadlines to report injury and file a claim

Workers should give their employer written notice of an accident within 5 days and generally no later than 90 days. The deadline to file a workers' compensation case in court is generally 2 years from the accident. For occupational diseases, the 2-year period generally runs from the worker's last exposure to the hazards that caused the disease. Special rules apply to pneumoconiosis and radiation claims.

Where to file/get forms

After you report your injury, your employer completes WC Form 2, Employer's First Report of Injury or Occupational Disease, and sends it to its workers' compensation insurance carrier. If your benefits are denied or disputed, you should contact the Alabama Workers' Compensation Division or a workers' compensation attorney for help. If the dispute cannot be resolved, you may need to file a workers' compensation case in court.

Other important rules

PTD benefits may end if the worker's condition or circumstances improve enough that they no longer meet Alabama's PTD requirements. Refusing reasonable rehabilitation or an accommodation that would allow the worker to return to work can also affect eligibility.

Alaska

Benefit name

Permanent total disability (PTD) under Alaska Stat. § 23.30.180.

Who qualifies

Workers whose permanent disabilities leave them unable to earn wages through suitable employment. Alaska considers the worker's actual circumstances and the job markets where the worker lives, last worked, and elsewhere in the worker's state of residence and Alaska. Being unable to return to the previous job or successfully complete vocational rehabilitation does not automatically establish PTD.

Covered injuries

The loss of both hands, both arms, both feet, both legs, both eyes, or any combination of 2 of these is presumed to be PTD unless there is conclusive evidence otherwise. Other injuries can qualify based on their effect on the worker's ability to earn a living.

Weekly benefit calculation

Generally 80% of the worker's spendable weekly wage, which takes payroll tax deductions into account, subject to Alaska's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring in 2026, the maximum PTD benefit is $1,627 per week.

How long benefits last

There is no set number of weeks. Benefits can continue as long as the worker remains permanently and totally disabled.

Lump-sum option

Yes. PTD benefits may be resolved through an agreed lump-sum settlement, but Alaska applies additional scrutiny to settlements involving permanent disability. A lump-sum settlement can be approved when it is in the worker's best interest.

Deadlines to report injury and file a claim

Workers generally must report a work injury or illness to their employer in writing within 15 days. A claim for disability benefits generally must be filed within 2 years after the worker becomes disabled and knows the condition is work-related. Most injury claims also have a 4-year maximum from the date of injury, but this 4-year limit does not apply to occupational diseases.

Where to file/get forms

Workers can file Form 07-6106, Claim for Workers' Compensation Benefits, with the Alaska Division of Workers' Compensation when an employer has not paid benefits the worker believes are owed. The form and other claim documents are available directly from the Division.

Other important rules

If the worker previously received a permanent partial disability award for the same injury, that amount can reduce a later PTD award after an adjustment for inflation.

Arizona

Benefit name

Permanent total disability (PTD) under Ariz. Rev. Stat. § 23-1045.

Who qualifies

Workers whose permanent injuries leave them unable to return to any type of suitable work and earn wages. Certain severe injuries are presumed to cause PTD, while other injuries are evaluated based on the worker's individual circumstances.

Covered injuries

Permanent loss of sight in both eyes; loss of both feet or both hands; loss of 1 hand and 1 foot; complete paralysis of both legs, both arms, or 1 arm and 1 leg; and certain severe brain injuries are presumed to result in PTD unless evidence establishes otherwise. Other injuries may also qualify.

Monthly benefit calculation

Arizona calculates PTD monthly rather than weekly. The benefit is generally two-thirds of the worker's average monthly wage, subject to the state's maximum wage used to calculate benefits.

Maximum monthly benefit

Based on Arizona's maximum average monthly wage, the maximum PTD benefit is $4,087.33 per month for injuries occurring in 2026 and $4,222.21 per month for injuries occurring in 2027.

How long benefits last

PTD benefits are payable for the worker's lifetime.

Lump-sum option

Limited. With the insurance carrier's agreement, the Industrial Commission may allow up to $150,000 of a PTD award to be paid as a lump sum instead of through future periodic payments. Arizona does not allow PTD awards to be completely resolved through a full and final settlement.

Deadlines to report injury and file a claim

Workers should report an accident and resulting injury to their employer as soon as possible. A workers' compensation claim generally must be filed with the Industrial Commission within 1 year after the injury occurs or the worker knows, or reasonably should know, that the condition is a compensable work injury. This rule also covers occupational diseases.

Where to file/get forms

Workers can file a Worker's Report of Injury directly with the Industrial Commission of Arizona. A worker can also start the claim by completing and signing the worker's portion of the Worker's and Physician's Report of Injury at the doctor's office.

Other important rules

Workers receiving permanent disability benefits must report their earnings each year. Benefits can be suspended if the required earnings report is not provided after notice.

Arkansas

Benefit name

Permanent total disability (PTD) under Ark. Code Ann. § 11-9-519.

Who qualifies

Workers whose job-related injury or occupational disease permanently prevents them from earning meaningful wages in their previous job or another type of work. The worker generally has the burden of proving that they meet this standard.

Covered injuries

Losing both hands, both arms, both legs, both eyes, or any combination of 2 of these is presumed to be PTD unless there is clear and convincing evidence otherwise. Other injuries and occupational diseases can also qualify based on the worker's individual circumstances.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Arkansas's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring from January 1 through December 31, 2026, the maximum PTD benefit is $953 per week.

How long benefits last

There is no set number of weeks. PTD benefits can continue as long as the worker remains permanently and totally disabled.

Lump-sum option

Yes. The Arkansas Workers' Compensation Commission may approve future compensation as a lump sum when it determines that doing so is in the best interests of those entitled to the benefits. Arkansas also provides Form L specifically for requesting a lump-sum payment; both the worker and an employer representative must sign it before the Commission will consider the request.

Deadlines to report injury and file a claim

Workers should report an injury to their employer immediately. A claim for disability benefits from an injury generally must be filed with the Commission within 2 years of the injury. Occupational disease or infection claims generally must be filed within 2 years of the last harmful exposure. For silicosis or asbestosis, the deadline is 1 year after disablement, and the disablement must occur within 3 years of the last harmful exposure.

Where to file/get forms

Workers can file Form C, Claim for Compensation, directly with the Arkansas Workers' Compensation Commission.

Other important rules

A worker receiving PTD benefits may be required to certify each year that they remain permanently and totally disabled. Failure to provide the certification within 30 days after receiving notice can result in benefits being stopped.

California

Benefit name

Permanent total disability (PTD) under California Labor Code § 4659 and § 4662.

Who qualifies

Workers whose work-related injury results in a 100% permanent disability rating. California considers the nature of the injury and, for injuries not automatically considered total, how the permanent impairment affects the worker's ability to compete for work.

Covered injuries

California automatically considers certain severe disabilities to be permanent and total, including the loss of both eyes or sight in both eyes, loss of both hands or their use, an injury resulting in practically total paralysis, and an injury causing an incurable mental incapacity. Other injuries can also result in a 100% permanent disability rating based on the individual facts.

Weekly benefit calculation

PTD is paid at the same rate as temporary total disability, generally two-thirds of the worker's average weekly earnings, subject to California's minimum and maximum rates.

Maximum weekly benefit

For 2026, the maximum PTD rate is $1,764.11 per week.

How long benefits last

PTD benefits are paid for the remainder of the worker's life.

Lump-sum option

Yes. A worker may request to receive future permanent disability payments as a lump sum, but the Workers' Compensation Appeals Board must approve the request.

Deadlines to report injury and file a claim

Workers should report a work injury or illness to their employer as soon as possible and generally within 30 days. A workers' compensation claim generally must be filed within 1 year of the injury. For injuries or illnesses that develop over time, the 1-year period generally begins when the worker first becomes disabled and knows, or reasonably should know, that the condition was caused by work.

Where to file/get forms

Workers start the claim by completing the employee section of Form DWC 1 and returning it to their employer. The employer completes its section and sends the form to the claims administrator. If a dispute requires a case before the Workers' Compensation Appeals Board, the worker may also need to file an Application for Adjudication of Claim.

Other important rules

For injuries on or after January 1, 2003, PTD payments increase annually when California's State Average Weekly Wage increases. This means a worker's PTD payment is not necessarily frozen at the original weekly rate for life.

Colorado

Benefit name

Permanent total disability (PTD) under Colo. Rev. Stat. §§ 8-40-201(16.5) and 8-42-111.

Who qualifies

Workers whose permanent disabilities leave them unable to earn any wages in their previous job or any other employment. In deciding whether a worker can earn wages, factors such as physical condition, age, education, employment history, and the availability of suitable work may be considered.

Covered injuries

Total loss or total loss of use of both hands, both arms, both feet, both legs, both eyes, or any combination of 2 creates a presumption of PTD. Other injuries and occupational diseases can also qualify if they leave the worker unable to earn wages.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Colorado's maximum benefit.

Maximum weekly benefit

Effective July 1, 2026, the maximum PTD benefit is $1,464.12 per week.

How long benefits last

PTD benefits can continue for life, as long as the worker remains eligible.

Lump-sum option

Yes. A worker may settle all or part of a workers' compensation claim, including through a lump-sum settlement, but the settlement must be approved by the Division director or an administrative law judge.

Deadlines to report injury and file a claim

Workers generally must report an injury to their employer in writing within 10 days. A Worker's Claim for Compensation generally must be filed with the Division within 2 years of the injury. For an occupational disease, the 2-year period generally begins when the disease causes disability and the worker knows, or reasonably should know, that the condition may be work-related. A 5-year filing period applies to certain conditions, including asbestosis, silicosis, and anthracosis.

Where to file/get forms

Workers can file Form WC15, Worker's Claim for Compensation, with the Colorado Division of Workers' Compensation.

Other important rules

Social Security Disability benefits can reduce PTD payments. However, Social Security and certain employer-paid retirement benefits are not offset against PTD if the worker was under age 45 at the time of injury.

Connecticut

Benefit name

Total incapacity benefits under Conn. Gen. Stat. § 31-307.

Who qualifies

Workers whose job-related injuries leave them unable to earn wages in their previous occupation or another type of work they could reasonably pursue. A worker may qualify even if physically capable of some work when the injury makes the worker effectively unemployable.

Covered injuries

Connecticut does not limit total incapacity benefits to specific types of injuries. A work-related injury or occupational disease may qualify if it leaves the worker unable to earn wages.

Weekly benefit calculation

Generally 75% of the worker's average weekly earnings after deductions for federal and state taxes and Social Security, subject to Connecticut's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring October 1, 2026 through September 30, 2027, the maximum total incapacity benefit is $1,776 per week.

How long benefits last

There is no set number of weeks. Benefits continue for as long as the worker remains totally incapacitated. Permanently totally incapacitated workers also receive annual cost-of-living adjustments.

Lump-sum option

Yes. An administrative law judge may approve converting all or part of future weekly benefits into a lump-sum payment when the judge finds it just or necessary.

Deadlines to report injury and file a claim

Workers should report a work injury to their employer immediately. A written workers' compensation claim generally must be filed within 1 year of an accident. For an occupational disease, the deadline is generally 3 years from the first symptoms of the disease.

Where to file/get forms

Workers use Form 30C, Notice of Claim for Compensation, and provide it to both the appropriate Workers' Compensation Commission district office and the employer. The Commission also accepts Form 30C electronically.

Other important rules

Workers who are permanently totally incapacitated generally receive an annual cost-of-living adjustment each October 1 based on increases in Connecticut's maximum weekly compensation rate.

Delaware

Benefit name

Total disability benefits under Del. Code tit. 19, § 2324.

Who qualifies

Workers who are completely unable to work because of a work injury may qualify. A worker who can perform some work may also be considered totally disabled if the injury effectively prevents the worker from obtaining regular employment in the competitive labor market.

Covered injuries

Loss of both hands, both arms, both feet, both legs, or both eyes generally establishes total disability unless the Industrial Accident Board determines otherwise. Certain spinal injuries causing permanent complete paralysis and certain severe brain injuries can also qualify. Other injuries may qualify based on the worker's individual circumstances and ability to obtain regular employment.

Weekly benefit calculation

Generally two-thirds of the worker's wages before the injury, subject to Delaware's minimum and maximum benefit limits.

Maximum weekly benefit

Effective July 1, 2026, the maximum total disability benefit is $962.72 per week.

How long benefits last

There is no set number of weeks. Benefits continue as long as the worker remains totally disabled.

Lump-sum option

Yes. The Industrial Accident Board may convert future total disability payments to a lump sum when it determines that doing so is in the worker's best interest or meets certain other statutory grounds.

Deadlines to report injury and file a claim

Workers generally must notify their employer of an injury within 90 days. For an accidental injury, the parties generally must reach an agreement on compensation or the worker must bring the claim before the Industrial Accident Board within 2 years of the accident. For an occupational disease, workers generally have 6 months to notify their employer and 1 year to file a petition after learning the disability may be work-related.

Where to file/get forms

If the employer or insurer denies the claim or the parties cannot agree on benefits, the worker can file a Petition to Determine Compensation Due with the Delaware Industrial Accident Board.

Other important rules

A worker does not have to be physically incapable of all work to receive total disability benefits. Delaware's displaced worker doctrine can treat a worker as totally disabled when the work injury makes regular employment realistically unavailable, considering factors such as the worker's physical limitations, age, education, training, and experience.

Florida

Benefit name

Permanent total disability (PTD) under Fla. Stat. § 440.15(1).

Who qualifies

Workers whose permanent injuries leave them unable to perform even sedentary work within 50 miles of their home may qualify for PTD. Certain catastrophic injuries create a presumption of PTD, although the employer or insurer can rebut that presumption by showing the worker is physically capable of sedentary employment within that area.

Covered injuries

Severe paralysis from a spinal cord injury, amputation involving the effective loss of use of an arm, hand, foot, or leg, certain severe brain or closed-head injuries, severe burns, and total or industrial blindness are presumed to result in PTD. Other injuries may qualify if the worker is unable to perform even sedentary employment within 50 miles of home.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Florida's maximum compensation rate.

Maximum weekly benefit

For injuries occurring in 2026, the maximum PTD benefit is $1,358 per week.

How long benefits last

PTD benefits generally continue while the worker remains permanently and totally disabled, but ordinarily end at age 75. An exception applies when the work injury prevents the worker from earning enough work credits to qualify for Social Security benefits. If the worker was 70 or older when injured, PTD is generally limited to 5 years after PTD is determined.

Lump-sum option

Yes. Florida allows workers' compensation claims to be settled for a lump sum. A represented worker may settle and release the employer and insurer from liability for workers' compensation benefits in exchange for a lump-sum payment. Florida also permits advances against future compensation with approval from a judge of compensation claims.

Deadlines to report injury and file a claim

Workers generally must report an injury to their employer within 30 days. For an occupational disease, the usual 30-day notice period is extended to 90 days. If benefits are disputed, a Petition for Benefits generally must be filed within 2 years after the worker knew or should have known the injury was work-related.

Where to file/get forms

Workers generally begin a claim by reporting the injury to their employer. If the employer or insurer does not provide benefits the worker believes are owed, the worker can file Form OJCC-PFB-1, Petition for Benefits, with the Florida Office of the Judges of Compensation Claims.

Other important rules

Workers receiving PTD can receive annual 3% supplemental increases, subject to Florida's current maximum weekly compensation rate. These supplemental benefits generally stop at age 62, with an exception for workers whose injuries prevented them from qualifying for Social Security benefits.

Georgia

Benefit name

Georgia does not have a separate permanent total disability benefit. Instead, workers with a catastrophic injury may receive continuing total disability benefits under O.C.G.A. §§ 34-9-200.1(g) and 34-9-261.

Who qualifies

Workers with catastrophic injuries that cause severe, lasting disabilities may qualify, as well as injuries that leave them unable to return to their previous job or find other suitable work.

Covered injuries

Catastrophic injuries include severe paralysis from a spinal cord injury; certain amputations; severe brain or closed-head injuries; severe burns; and total or industrial blindness. Other serious injuries may also qualify based on how severely they limit the worker's ability to return to work or find other appropriate employment.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Georgia's minimum and maximum benefit limits.

Maximum weekly benefit

The maximum is $800 per week for injuries occurring on or after July 1, 2023.

How long benefits last

Ordinary total disability benefits are limited to 400 weeks, but that limit does not apply to catastrophic injuries. For a catastrophic injury, benefits can continue until the worker has a qualifying change in condition for the better.

Lump-sum option

Yes. Georgia allows workers' compensation claims to be resolved through an approved stipulated settlement and also allows lump-sum or advance payments of future compensation under certain circumstances. The State Board reviews and approves these arrangements.

Deadlines to report injury and file a claim

Workers should report an injury to their employer immediately and no later than 30 days. A claim generally must be filed with the State Board within 1 year of the injury. Occupational disease claims generally must be filed within 1 year after the worker knew or should have known of the disability and its relationship to the job, and generally no more than 7 years after the last harmful exposure. For asbestos-related asbestosis or mesothelioma, a claim generally must be filed within 1 year after the first disablement following diagnosis.

Where to file/get forms

Workers file Form WC-14, Notice of Claim, with the Georgia State Board of Workers' Compensation and provide copies to the employer and its workers' compensation insurer. The same form can also be used to request a hearing, mediation, or catastrophic designation.

Other important rules

Workers with catastrophic injuries are entitled to reasonable and necessary vocational rehabilitation services, and catastrophic injuries are also exempt from Georgia's ordinary 400-week limit on medical benefits for injuries occurring on or after July 1, 2013.

Hawaii

Benefit name

Permanent total disability (PTD) under Haw. Rev. Stat. § 386-31.

Who qualifies

Workers whose work injuries leave them permanently and totally disabled may qualify. Certain severe injuries automatically qualify as PTD, while other injuries are evaluated based on the individual circumstances.

Covered injuries

Permanent loss of sight in both eyes; loss of both feet, both hands, or 1 hand and 1 foot; certain spinal injuries causing permanent complete paralysis; and certain severe brain injuries are considered PTD under Hawaii law. Other injuries may also qualify based on the facts of the individual case.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Hawaii's minimum and maximum benefit limits.

Maximum weekly benefit

For 2026, the maximum PTD benefit is $1,240 per week.

How long benefits last

There is no set number of weeks. PTD benefits can continue as long as the worker remains permanently and totally disabled. Hawaii retains authority to review a compensation award if the worker's condition later changes.

Lump-sum option

Yes. Future benefit payments may be converted to 1 or more lump-sum payments if the Director of Labor and Industrial Relations determines that doing so is in the worker's or dependents' best interest and does not cause undue hardship to the employer.

Deadlines to report injury and file a claim

Workers should report a work injury to their employer immediately. Hawaii law generally requires a written claim to be made with the Department of Labor and Industrial Relations within 2 years after the effects of the injury become apparent and no more than 5 years after the accident or occurrence that caused it. This filing deadline does not apply when the employer has voluntarily paid income or indemnity benefits. Different rules apply to certain occupational exposures, including asbestos, carcinogenic substances, and radiation.

Where to file/get forms

Workers normally begin by reporting the injury to their employer, which files the initial injury report with the state. If the employer denies the claim or fails or refuses to file it, the worker can file Form WC-5, Employee's Claim for Workers' Compensation Benefits, with the Hawaii Disability Compensation Division.

Other important rules

Hawaii's workers' compensation law provides vocational rehabilitation for eligible injured workers. If the rehabilitation unit determines that a worker cannot be rehabilitated and cannot return to their regular job, the Director must determine whether the worker remains temporarily totally disabled or qualifies for permanent partial or permanent total disability.

Idaho

Benefit name

Total and permanent disability benefits under Idaho Code §§ 72-408 and 72-409.

Who qualifies

Workers whose permanent disabilities leave them completely unable to earn wages may qualify. A worker who retains some ability to work may also be considered totally and permanently disabled under Idaho's odd-lot doctrine if the work they can perform is so limited that there is no reasonably stable market for it.

Covered injuries

Any work-related injury or occupational disease may qualify if it results in total and permanent disability. Idaho does not limit these benefits to a specific list of catastrophic injuries; whether a worker is totally and permanently disabled depends on the extent of the disability and its effect on the worker's ability to earn wages.

Weekly benefit calculation

For the first 52 weeks, benefits are generally 67% of the worker's average weekly wage. After 52 weeks, total and permanent disability benefits are generally based on 67% of Idaho's current average state weekly wage, subject to Idaho's minimum and maximum benefit rules.

Maximum weekly benefit

For 2026, the maximum total disability benefit during the first 52 weeks is $1,524.63 per week. After 52 weeks, Idaho uses the state's current average weekly wage to calculate total and permanent disability benefits, subject to additional statutory limits.

How long benefits last

There is no set number of weeks. Total and permanent disability benefits can continue for life as long as the worker remains eligible.

Lump-sum option

Yes. Idaho allows workers and employers or insurers to resolve workers' compensation claims through a lump-sum settlement. Most settlements permanently close the benefits included in the agreement, although some benefits, such as medical care, may be left open.

Deadlines to report injury and file a claim

Workers should report an injury to their employer immediately and no later than 60 days and generally make a written claim for benefits with their employer within 1 year of the accident. For an occupational disease, workers generally must notify their employer within 60 days after the disease first manifests and file a claim with the Industrial Commission within 1 year after it first manifests.

Where to file/get forms

Workers generally begin by reporting the injury and making a claim for benefits with their employer. The employer then files Form IC-1, First Report of Injury or Illness, with the Idaho Industrial Commission. If the employer refuses to file the report, the worker can file it directly with the Commission. If the employer or insurer denies benefits or another dispute cannot be resolved, the worker can file Form IC-1001, Workers' Compensation Complaint, with the Commission to begin the formal hearing process.

Other important rules

If a worker had a preexisting impairment and a later work injury leaves them totally and permanently disabled, Idaho's Industrial Special Indemnity Fund (ISIF) may be responsible for part of the disability. A separate claim must be made against the Fund.

Illinois

Benefit name

Permanent total disability (PTD) benefits under 820 ILCS 305/8(f).

Who qualifies

Workers whose permanent disabilities leave them unable to perform any type of work for which there is a reasonably stable job market may qualify for PTD. Certain combinations of permanent losses also automatically qualify under Illinois law.

Covered injuries

The loss or permanent and complete loss of use of both hands, both arms, both feet, both legs, both eyes, or any 2 of these constitutes total and permanent disability. Other injuries may also qualify if they leave the worker permanently unable to perform work for which there is a reasonably stable employment market.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Illinois' minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring from July 15, 2026, through January 14, 2027, the maximum PTD benefit is $2,045.63 per week. The minimum PTD benefit for this period is $767.11. The IWCC updates these rates every 6 months based on Illinois' statewide average weekly wage.

How long benefits last

PTD benefits are payable for life as long as the worker remains permanently and totally disabled. If the worker later returns to work or becomes able to earn as much as before the injury, the employer may seek to end the payments; if the worker can earn some but not as much, the award may be modified.

Lump-sum option

Yes. A worker may ask the Commission to convert future compensation to a lump sum when doing so is in the parties' best interests. For a case involving complete disability, the Commission cannot consider a request to commute the benefits to a lump sum until at least 6 months after the injury. Illinois also allows Commission-approved compromise lump-sum settlements of PTD claims.

Deadlines to report injury and file a claim

Workers generally must notify their employer of an accident as soon as possible and no later than 45 days. A claim generally must be filed with the Illinois Workers' Compensation Commission within 3 years of the injury or within 2 years after the last payment of compensation, whichever is later. For most occupational diseases, the same 3-year/2-year filing rule applies, measured from the date of disablement rather than the accident. Special deadlines apply to certain diseases and exposures, including asbestos, radiological exposure, and coal miners' pneumoconiosis.

Where to file/get forms

Workers should first report the injury to their employer. The employer files its own injury report with the state, but workers must also file Form IC01, Application for Adjustment of Claim, with the Illinois Workers' Compensation Commission to protect their right to benefits. The form can be filed online through the Commission's CompFile system.

Other important rules

PTD recipients may receive cost-of-living adjustments through Illinois' Rate Adjustment Fund. For qualifying awards, adjustments begin on the second July 15 after the award becomes final and reflect increases in the statewide average weekly wage.

Indiana

Benefit name

Total permanent disability (PTD) benefits under Indiana Code § 22-3-3-8.

Who qualifies

Workers whose injuries leave them permanently unable to work may qualify for total permanent disability.

Covered injuries

Any work injury may qualify if it results in total permanent disability. Indiana also assigns a 100-degree impairment to the loss of both hands, both feet, total sight in both eyes, or any 2 of those losses in the same accident.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Indiana's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring from July 1, 2026, through June 30, 2027, the maximum PTD benefit is $878 per week. Indiana also limits total compensation for these injuries to $439,000, excluding medical benefits.

How long benefits last

PTD benefits are generally payable for 500 weeks, subject to Indiana's overall compensation limit.

Lump-sum option

Yes. Indiana allows compensation to be paid in a lump sum when the worker, employer, and insurer agree and the Workers' Compensation Board approves the agreement.

Deadlines to report injury and file a claim

Workers should notify their employer of an injury as soon as possible and generally within 30 days. If a worker needs to pursue a claim before the Workers' Compensation Board, a claim generally must be filed within 2 years of the injury. If temporary total or temporary partial disability benefits were paid, the 2-year period generally runs from the last date for which those benefits were paid.

Where to file/get forms

Workers should first report the injury to their employer. The employer or insurer normally handles an accepted claim. If benefits are denied or there is another dispute that cannot be resolved, the worker can file Form 29109, Application for Adjustment of Claim, with the Indiana Workers' Compensation Board to begin the formal hearing process.

Other important rules

Indiana's Second Injury Fund may provide additional benefits in certain PTD cases after the worker's regular benefits have been exhausted. Because eligibility depends on the circumstances of the disability and the benefits previously received, it is not an automatic extension of every PTD award. The Board provides a separate Application for Second Injury Fund Benefits.

Iowa

Benefit name

Permanent total disability (PTD) benefits under Iowa Code § 85.34(3).

Who qualifies

Workers whose permanent disabilities leave them unable to return to gainful employment may qualify for PTD benefits.

Covered injuries

Any work-related injury may qualify for PTD if it leaves the worker permanently and totally disabled. Iowa does not limit PTD benefits to a specific list of injuries.

Weekly benefit calculation

Generally 80% of the worker's spendable weekly earnings—the amount left after estimated payroll taxes are deducted—subject to Iowa's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring from July 1, 2026, through June 30, 2027, the maximum PTD benefit is $2,431 per week. The minimum is $425 per week.

How long benefits last

There is no set number of weeks. Benefits continue as long as the worker remains permanently and totally disabled.

Lump-sum option

Yes. Future PTD payments may be converted to a lump sum when the requirements for a commutation are met, including a determination that the lump sum is in the worker's best interest.

Deadlines to report injury and file a claim

Workers generally must notify their employer of a work injury within 90 days. If no weekly disability benefits have been paid, a worker generally has 2 years from the injury to file a contested claim. If weekly benefits have been paid, the worker generally has 3 years from the last payment to seek additional benefits.

Where to file/get forms

Workers should first report the injury to their employer. The employer or its insurer handles the claim and benefits, so workers do not routinely file a claim with the Iowa Workers' Compensation Division. If benefits are denied or there is another dispute, the worker can file Form 100, Original Notice & Petition, with the Division through its electronic filing system.

Other important rules

PTD benefits cannot be collected while the worker is receiving unemployment compensation.

Kansas

Benefit name

Permanent total disability (PTD) benefits under Kansas Statutes § 44-510c.

Who qualifies

Workers whose injuries leave them completely and permanently unable to perform any type of substantial, gainful work may qualify. The worker must also have a medical impairment of at least 10% to the body as a whole, or 15% if the worker had a preexisting impairment.

Covered injuries

Any work-related injury may qualify if it meets Kansas' requirements for PTD. Kansas does not limit PTD to a specific list of injuries.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Kansas' minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring from July 1, 2026, through June 30, 2027, the maximum is $905 per week. The minimum is $50 per week.

How long benefits last

There is no set number of weeks. Benefits can continue as long as the worker remains permanently and totally disabled, but Kansas limits the employer's total liability for disability compensation in a PTD case to $400,000.

Lump-sum option

Yes. PTD benefits may be resolved through a lump-sum settlement if the parties agree and an administrative law judge approves it.

Deadlines to report injury and file a claim

Workers generally must notify their employer within 30 days of the injury. If they no longer work for that employer, notice generally must be given within 20 days after their last day of work if that date comes first. If there is a dispute over benefits, an application for a hearing generally must be filed within 3 years of the accident or 2 years after the last compensation payment, whichever is later. Occupational disease claims have different rules: workers generally must give written notice within 90 days after becoming disabled and file or serve a claim within 1 year after becoming disabled.

Where to file/get forms

Workers should first report the injury to their employer. The employer or its insurer normally handles the claim. If benefits are disputed, a worker who is representing themselves can file Form K-WC E-1, Application for Benefits, with the Kansas Division of Workers Compensation. Workers who have an attorney do not use this form; their attorney files electronically through the state's OSCAR system.

Other important rules

A worker can receive only 1 PTD award during their lifetime under Kansas workers' compensation law.

Kentucky

Benefit name

Permanent total disability (PTD) benefits under Kentucky Revised Statutes §§ 342.0011 and 342.730.

Who qualifies

Workers who have a permanent disability rating and are completely and permanently unable to perform any type of work because of the injury may qualify.

Covered injuries

PTD is automatically presumed for the permanent loss of sight in both eyes; loss of both feet, both hands, or 1 hand and 1 foot; complete paralysis of both arms, both legs, or 1 arm and 1 leg; a severe, permanent mental or intellectual impairment; or total hearing loss. Other injuries may qualify if they meet Kentucky's general PTD requirements.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Kentucky's minimum and maximum benefit limits.

Maximum weekly benefit

For 2026, the maximum PTD benefit is $1,277.99 per week, and the minimum is $232.36.

How long benefits last

PTD benefits generally continue until the worker reaches age 70 or 4 years after the injury or last exposure, whichever is later.

Lump-sum option

Yes. Future PTD payments may be settled for a lump sum if the parties agree and an administrative law judge approves the settlement. For future benefits exceeding $100 per week, the settlement must provide reasonable assurance that the worker will have an adequate source of income during the disability.

Deadlines to report injury and file a claim

Workers must notify their employer of an accident as soon as practical. A claim generally must be filed with the Kentucky Department of Workers' Claims within 2 years of the accident. If income benefits have been paid, the worker generally has until 2 years after those payments stop or 2 years after the accident, whichever is later. Occupational disease claims generally must be filed within 3 years after the worker's last harmful exposure or when the disease first clearly appears, whichever is later, but additional maximum filing periods apply.

Where to file/get forms

In addition to notifying their employers, injured workers must file Form 101, Application for Resolution of a Claim – Injury, with the Kentucky Department of Workers' Claims within the applicable filing deadline. Workers with occupational disease claims use Form 102, Application for Resolution of a Claim – Occupational Disease.

Other important rules

PTD benefits are reduced by unemployment benefits received for the same period. Benefits may also be reduced by payments from certain disability, retirement, or other income-replacement plans funded entirely by the employer.

Louisiana

Benefit name

Permanent total disability (PTD) benefits under Louisiana Revised Statutes § 23:1221(2).

Who qualifies

Workers who can prove by clear and convincing evidence that their injuries leave them permanently physically unable to perform any type of paid work or self-employment may qualify for PTD.

Covered injuries

Any work-related injury may qualify if it meets Louisiana's PTD requirements. The loss of both hands, both arms, both feet, both legs, both eyes, 1 hand and 1 foot, or any combination of 2 of these losses, as well as paraplegia or quadriplegia, is considered PTD unless there is conclusive proof that the worker still has substantial earning capacity.

Weekly benefit calculation

Generally two-thirds of the worker's wages, subject to Louisiana's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring from September 1, 2026, through August 31, 2027, the maximum weekly benefit is $903.

How long benefits last

PTD benefits are payable for as long as the worker remains permanently and totally disabled and otherwise eligible.

Lump-sum option

Yes. Louisiana allows workers' compensation benefits to be settled or converted to a lump sum by agreement, subject to approval by a workers' compensation judge.

Deadlines to report injury and file a claim

Workers generally must give their employer written notice within 30 days of an injury. A claim generally must be filed within 1 year of the accident if the parties have not agreed on benefits. If benefits have been paid, the filing period generally extends to 1 year after the last payment. Occupational disease claims generally must be filed within 1 year after all 3 of these have occurred: the disease appears, the worker becomes disabled from it, and the worker knows or has reason to believe it is work-related.

Where to file/get forms

Workers should first report the injury to their employer. If benefits are denied or there is a dispute, the worker can file Form LW-WC 1008, Disputed Claim for Compensation, with the Louisiana Office of Workers' Compensation Administration.

Other important rules

A worker who begins earning money from any employment or self-employment is no longer eligible to receive PTD benefits while earning that income, although the worker may qualify for supplemental earnings benefits instead.

Maine

Benefit name

Permanent total incapacity benefits under Maine Revised Statutes, Title 39-A, § 212.

Who qualifies

Workers whose work injuries leave them unable to earn wages may receive total incapacity benefits.

Covered injuries

Maine conclusively presumes total incapacity for 800 weeks for the total loss of both eyes, both hands, both arms, both feet, both legs, or certain combinations of these losses; complete paralysis involving both arms, both legs, or 1 arm and 1 leg; and a severe, permanent mental or intellectual impairment. After 800 weeks, continued permanent total incapacity is determined based on the worker's circumstances at that time.

Weekly benefit calculation

Generally two-thirds of the worker's gross average weekly wage, subject to Maine's maximum benefit.

Maximum weekly benefit

For injuries occurring from July 1, 2026, through June 30, 2027, the maximum weekly benefit is $1,561.40.

How long benefits last

Total incapacity benefits can continue for as long as the worker remains totally unable to earn wages.

Lump-sum option

Yes. A worker and employer or insurer may settle some or all workers' compensation benefits for a lump sum, but the settlement must be approved by the Workers' Compensation Board.

Deadlines to report injury and file a claim

Workers generally must notify their employer of an injury within 60 days. A petition generally must be filed within 2 years after the injury or after the date the employer filed the required First Report of Injury, whichever is later. If the employer or insurer has paid workers' compensation benefits, the worker generally has 6 years from the most recent payment to file a petition. For an occupational disease, the filing period generally begins when the worker becomes unable to work because of the disease and knows, or should know, that it is work-related.

Where to file/get forms

Workers should first report the injury to their employer. If benefits are disputed and the issue cannot be resolved, the worker can file Form WCB-140, Petition for Award of Compensation, with the Maine Workers' Compensation Board to seek benefits.

Other important rules

Maine provides annual cost-of-living adjustments for workers who have been receiving total incapacity benefits for more than 5 years. The adjustment is based on changes in Maine's statewide average weekly wage and is subject to statutory limits.

Maryland

Benefit name

Permanent total disability (PTD) benefits under Md. Code, Labor & Employment §§ 9-635 through 9-638.

Who qualifies

Workers whose work-related injuries or occupational diseases leave them permanently and totally disabled may qualify.

Covered injuries

Loss or loss of use of both arms, both eyes, both feet, both hands, both legs, or any combination of 2 of an arm, eye, foot, hand, or leg is presumed to be PTD unless there is conclusive evidence otherwise. Other injuries may qualify based on the facts of the case.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Maryland's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring in 2026, the maximum PTD benefit is $1,537 per week, equal to Maryland's 2026 State Average Weekly Wage.

How long benefits last

PTD benefits are payable for as long as the worker remains permanently and totally disabled.

Lump-sum option

Yes. After a claim has been filed, the worker and employer or insurer may enter into a final compromise and settlement, but it does not take effect unless the Workers' Compensation Commission approves it.

Deadlines to report injury and file a claim

For an accidental injury, workers generally must notify their employer within 10 days and file a claim with the Workers' Compensation Commission within 60 days. The Commission may excuse a late filing in some circumstances, but an accidental-injury claim is generally completely barred if it is not filed within 2 years. For an occupational disease, workers generally must notify their employer within 1 year after they know or have reason to believe they have the disease and file a claim within 2 years after disablement or when they first actually know the disablement was caused by their employment. The filing period is 3 years for pulmonary dust disease.

Where to file/get forms

Workers need to file Form C-1, Employee Claim, which can be submitted online through the Commission's CompHub Employee Claim system.

Other important rules

Maryland PTD benefits receive annual cost-of-living adjustments. The adjustment is based on changes in the applicable Consumer Price Index and cannot exceed 5% in a year. If the worker also receives Social Security Disability Insurance, the adjustment may be reduced as necessary to avoid reducing the worker's federal SSDI benefits.

Massachusetts

Benefit name

Permanent and total incapacity benefits under Mass. Gen. Laws ch. 152, § 34A.

Who qualifies

Workers who are permanently unable to do any type of work because of a work-related injury or illness may qualify. A worker does not have to use up temporary disability benefits before seeking permanent and total incapacity benefits.

Covered injuries

Any work-related injury or illness may qualify if it leaves the worker permanently and totally unable to work. Massachusetts does not limit these benefits to specific injuries.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage before the injury, subject to Massachusetts' minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring from October 1, 2025, through September 30, 2026, the maximum is $1,922.48 per week, and the minimum is $384.50.

How long benefits last

There is no set number of weeks. Benefits can continue as long as the worker remains permanently and totally unable to work.

Lump-sum option

Yes. The worker and insurer may agree to replace some or all future workers' compensation payments with a lump-sum settlement. The agreement is subject to Massachusetts' review and approval requirements.

Deadlines to report injury and file a claim

Workers should report an injury to their employer or its insurer as soon as possible. If workers' compensation benefits are not being paid, a claim generally must be filed within 4 years after the worker learns that the injury or illness is work-related. Payment of workers' compensation benefits stops this deadline from running.

Where to file/get forms

Workers should first report the injury to their employer. If the insurer denies the claim or there is a dispute over benefits, the worker can file Form 110, Employee Claim, with the Massachusetts Department of Industrial Accidents.

Other important rules

Workers receiving permanent and total incapacity benefits generally become eligible for annual cost-of-living increases once the injury is at least 2 years old. The increase is made automatically each October 1.

Michigan

Benefit name

Total and permanent disability benefits under Michigan Compiled Laws §§ 418.351.

Who qualifies

Michigan's total and permanent disability benefit applies to workers with certain severe permanent losses.

Covered injuries

These include permanent loss of sight in both eyes; loss of both legs or feet; loss of both arms or hands; certain combinations of 2 of these losses; complete paralysis of both legs, both arms, or 1 leg and 1 arm; certain severe permanent mental impairments; and total loss of the ability to use certain combinations of arms, hands, or legs for work.

Weekly benefit calculation

Generally 80% of the worker's after-tax average weekly wage, subject to Michigan's minimum and maximum benefit limits.

Maximum weekly benefit

For injuries occurring in 2026, the maximum weekly compensation rate is $1,201.

How long benefits last

Benefits can continue as long as the worker remains totally and permanently disabled. For the listed severe injuries, Michigan automatically treats the worker as totally and permanently disabled for 800 weeks. After 800 weeks, continued eligibility is based on whether the worker is still totally and permanently disabled at that time.

Lump-sum option

Yes. After at least 6 months from the injury, the worker and employer or insurer may agree to settle workers' compensation liability for a lump sum, subject to approval by a workers' compensation magistrate.

Deadlines to report injury and file a claim

Workers generally must notify their employer of an injury within 90 days. A claim generally must be made within 2 years after the injury. For an occupational disease, the worker generally must make a claim within 2 years after the worker knew, reasonably believed, or through ordinary diligence could have discovered that the disease was work-related.

Where to file/get forms

Workers should first report the injury to their employer. The employer normally handles an accepted claim. If the employer will not report the claim, the worker can file Form WC-117, Employee's Report of Claim, with the Michigan Workers' Disability Compensation Agency. If the claim is disputed and the worker needs a hearing, the worker can file Form WC-104A, Application for Mediation or Hearing.

Other important rules

Michigan provides a minimum benefit for total and permanent disability equal to 25% of the state average weekly wage, even though ordinary wage-loss benefits generally do not have a minimum.

Minnesota

Benefit name

Permanent total disability (PTD) benefits under Minn. Stat. § 176.101, subds. 4 and 5.

Who qualifies

Workers who are permanently unable to earn more than a small amount from occasional work may qualify.

Covered injuries

Minnesota automatically considers these injuries PTD: total and permanent loss of sight in both eyes; loss of both arms at the shoulder; loss of both legs so close to the hips that artificial limbs cannot be effectively used; complete and permanent paralysis; or total and permanent loss of mental abilities. For injuries that are not automatically considered PTD, the worker must also meet 1 of these requirements: at least a 17% whole-body disability rating; at least a 15% rating and age 50 or older at the time of injury; or at least a 13% rating, age 55 or older, and no high school diploma or equivalent.

Weekly benefit calculation

Generally two-thirds of the worker's weekly wage at the time of injury, subject to minimum and maximum benefit limits.

Maximum weekly benefit

For injuries from October 1, 2025, through September 30, 2026, the maximum is $1,536.84 per week. The minimum PTD benefit is 65% of the statewide average weekly wage, which is $924.95 for this period. Minnesota updates these amounts each October 1.

How long benefits last

PTD benefits generally continue while the worker remains permanently and totally disabled, but they end at age 72. If the worker was injured after age 67, benefits instead end after 5 years of PTD payments.

Lump-sum option

Workers' compensation claims can be settled for a lump sum through a written settlement agreement. Depending on the circumstances, approval by the commissioner or a compensation judge may be required.

Deadlines to report injury and file a claim

Workers should report an injury to their employer within 14 days. Later notice may still be accepted in some circumstances, but generally no benefits are allowed if the employer does not receive notice within 180 days. A claim generally must be started within 3 years after an injury report is filed with the state, and no more than 6 years after the accident. For occupational diseases, workers generally have 3 years after they know the condition is work-related and it has resulted in disability.

Where to file/get forms

Workers should first report the injury to their employer. The employer and insurer normally report and handle an accepted claim; the worker does not routinely have to file a separate claim petition to receive accepted benefits. If benefits are denied or disputed, the worker can file Form MN EC04, Employee's Claim Petition, to begin the formal process of appealing the denial.

Other important rules

After $25,000 in PTD benefits has been paid, the employer's weekly payments are reduced by certain government disability benefits paid because of the same injury, including Social Security disability benefits.

Mississippi

Benefit name

Permanent total disability (PTD) benefits under Mississippi Code § 71-3-17(a).

Who qualifies

Workers who are permanently and totally disabled because of a work injury or occupational disease may qualify.

Covered injuries

Loss of both hands, both arms, both feet, both legs, both eyes, or any combination of 2 of these qualifies as PTD. Other injuries can also qualify based on the facts of the case.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to the state's minimum and maximum.

Maximum weekly benefit

For injuries occurring in 2025, the maximum weekly benefit is $630.73. The maximum total PTD benefit is $283,828.50 over 450 weeks.

How long benefits last

PTD benefits are limited to 450 weeks. The total disability compensation also cannot exceed 450 times the state's maximum weekly benefit.

Lump-sum option

Mississippi allows lump-sum settlements, but the Workers' Compensation Commission must determine that the payment is in the worker's best interest.

Deadlines to report injury and file a claim

Workers generally must notify their employer within 30 days. If no disability benefits have been paid, a claim generally must be filed with the Commission within 2 years after the injury. Medical treatment alone does not stop this 2-year deadline. Mississippi generally applies these same rules to occupational diseases.

Where to file/get forms

Workers should first report the injury or illness to their employer. If the employer or insurer accepts the claim, benefits are generally paid without the worker having to file with the Commission. If benefits are denied or there is a dispute, the worker can file Form B-5,11, Petition to Controvert, with the Mississippi Workers' Compensation Commission.

Missouri

Benefit name

Permanent total disability (PTD) benefits under Mo. Rev. Stat. § 287.200.

Who qualifies

Missouri defines PTD as being unable to return to any employment, not simply being unable to return to the worker's old job.

Covered injuries

Missouri does not have a list of injuries that automatically qualify for PTD. Each claim is decided based on its facts and whether the worker is permanently unable to work.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, up to the state maximum.

Maximum weekly benefit

From July 1, 2026 through June 30, 2027, the maximum PTD benefit is $1,294.71 per week.

How long benefits last

PTD benefits can continue for the worker's lifetime as long as the worker remains permanently and totally disabled. Payments begin after the worker reaches maximum medical improvement.

Lump-sum option

A worker may settle a claim for a one-time lump-sum payment. The settlement must be approved by an administrative law judge or the Labor and Industrial Relations Commission.

Deadlines to report injury and file a claim

Workers generally must notify their employer of an accident within 30 days. For an occupational disease or repetitive-use injury, notice generally must be given within 30 days after diagnosis. A claim generally must be filed with the Division within 2 years after the injury or the last workers' compensation payment, whichever is later. If the employer fails to file the required injury report, the worker generally has 3 years instead. For occupational diseases, the filing period does not begin until the worker can reasonably tell that the condition is related to the workplace exposure.

Where to file/get forms

Workers should first report the injury to their employer. If the worker has not received the benefits they believe they are owed, they can file Form WC-21-A, Claim for Compensation, with the Missouri Division of Workers' Compensation. Filing this form starts a formal case before an administrative law judge.

Other important rules

Missouri provides extra benefits for certain occupational diseases caused by toxic exposure, including asbestosis, silicosis, coal workers' pneumoconiosis, and mesothelioma. These benefits are paid in addition to the ordinary PTD structure and have special payment rules.

Montana

Benefit name

Permanent total disability (PTD) benefits under Montana Code Annotated § 39-71-702.

Who qualifies

Workers may qualify when a work injury or occupational disease leaves them permanently unable to return to regular employment and they have no reasonable chance of returning to work through rehabilitation.

Covered injuries

Montana does not have a list of injuries that automatically qualify for PTD. The worker must meet the state's PTD requirements based on the effect of the injury or occupational disease on the ability to work.

Weekly benefit calculation

PTD benefits are generally two-thirds of the worker's wages at the time of injury, up to the state maximum.

Maximum weekly benefit

For injuries occurring from July 1, 2026 through June 30, 2027, the maximum PTD benefit is $1,192 per week.

How long benefits last

PTD benefits can continue as long as the worker remains permanently totally disabled, but they generally end when the worker begins receiving or becomes eligible for full Social Security retirement benefits or certain alternative retirement benefits.

Lump-sum option

PTD benefits may be settled. Montana has specific settlement forms for PTD claims, including separate forms depending on whether future medical benefits remain open or are also settled.

Deadlines to report injury and file a claim

Workers generally must notify their employer or its insurer of an injury within 30 days and file a claim within 12 months. The 30-day injury-notice requirement does not apply to occupational diseases. For an occupational disease, a written claim generally must be presented to the employer, insurer, or Department within 1 year after the worker knew or should have known that the condition resulted from an occupational disease.

Where to file/get forms

Workers can use the First Report of Injury (FROI) form to report an injury or occupational disease to their employer. The employer then sends the information to its insurer, and the insurer reports the claim to the Montana Department of Labor and Industry.

Other important rules

Montana provides cost-of-living increases for qualifying PTD benefits. For newer claims, the adjustment can begin after the worker has received 104 weeks of PTD benefits.

Nebraska

Benefit name

Permanent total disability (PTD) benefits under Nebraska Revised Statute § 48-121.

Who qualifies

Workers may qualify when a work injury leaves them unable to earn wages in the type of work they previously did or in other work they are reasonably able to perform.

Covered injuries

The total loss or permanent total loss of use of both hands, both arms, both feet, both legs, both eyes, hearing in both ears, or any combination of 2 of these in one accident qualifies as permanent total disability. In other cases, PTD is decided based on the individual facts.

Weekly benefit calculation

Generally two-thirds of the worker's wages at the time of injury, subject to the state's minimum and maximum.

Maximum weekly benefit

For injuries occurring in 2026, the maximum is $1,166 per week.

How long benefits last

PTD benefits can continue for as long as the total disability continues. Nebraska does not impose a set number of weeks on total disability benefits.

Lump-sum option

Permanent disability benefits can be settled for one or more lump-sum payments. Depending on the circumstances, the settlement must either be approved by the Nebraska Workers' Compensation Court or a release must be filed with the court.

Deadlines to report injury and file a claim

Workers must notify their employer of an injury as soon as practical. A claim generally must be resolved by agreement or a petition filed with the Workers' Compensation Court within 2 years after the injury. If workers' compensation payments have been made, the 2-year period generally runs from the last payment.

Where to file/get forms

Workers should first report the injury or occupational disease to their employer. The employer or insurer—not the worker—files the First Report of Alleged Occupational Injury or Illness with the Nebraska Workers' Compensation Court. If there is a dispute over benefits, the worker can file a Petition with the court.

Other important rules

Nebraska may allow periodic PTD awards to be changed later if the worker's level of disability increases or decreases. If the parties do not agree, either side generally can ask the court to change the award after at least 6 months.

Nevada

Benefit name

Permanent total disability (PTD) benefits under Nevada Revised Statutes §§ 616C.435 and 616C.440.

Who qualifies

Workers whose work injury leaves them permanently and totally disabled may qualify.

Covered injuries

Nevada presumes PTD for permanent loss of sight in both eyes; loss of both legs at or above the knee; loss of both arms at or above the elbow; complete paralysis of both legs, both arms, or 1 leg and 1 arm; certain severe permanent brain injuries; or loss of 1 arm at or above the elbow and 1 leg at or above the knee. Other injuries can also qualify based on the facts of the case.

Monthly benefit calculation

Generally two-thirds of the worker's average monthly wage, subject to the state maximum. Nevada calculates PTD as a monthly benefit rather than a weekly benefit.

Maximum monthly benefit

For injuries occurring from July 1, 2026 through June 30, 2027, the maximum PTD benefit is $5,691.79 per month ($1,308.86 per week).

How long benefits last

Benefits continue as long as the worker remains permanently and totally disabled. The insurer has the burden of showing that the worker is no longer permanently and totally disabled before ending PTD on that basis.

Lump-sum option

Generally no for PTD. Nevada prohibits lump-sum settlements except for specific situations listed in the law, and PTD itself is not one of the listed lump-sum exceptions.

Deadlines to report injury and file a claim

Workers generally must give their employer written notice of an injury within 7 days after the accident. If medical treatment is needed or the worker misses work because of the injury, a claim generally must be filed within 90 days after the accident. For an occupational disease, workers generally must give written notice within 7 days after they know of the disability and its relationship to their employment and file a claim within 90 days after they have that knowledge.

Where to file/get forms

The worker completes Form C-1, Notice of Injury or Occupational Disease, and gives it to the employer. If the worker needs medical treatment, the worker completes Form C-4, Employee's Claim for Compensation/Report of Initial Treatment, at the medical provider. The medical provider sends the completed C-4 to the employer and insurer.

Other important rules

Nevada provides annual increases for some PTD recipients. The exact increase depends in part on when the injury or occupational disease occurred.

New Hampshire

Benefit name

Permanent total disability (PTD) benefits under New Hampshire RSA 281-A:28-a.

Who qualifies

Workers may qualify if they have reached maximum medical improvement and remain unable to do paid work because of their work injury or illness.

Covered injuries

New Hampshire does not list specific injuries that automatically qualify as PTD. Eligibility is based on whether the worker meets the requirements above. The state does have a separate list of injuries that qualify for permanent impairment awards, but those are different from PTD benefits.

Weekly benefit calculation

Generally 60% of the worker's average weekly wage, with a minimum of 30% and a maximum of 150% of the state average weekly wage. Different rules apply to workers earning 30% or less of the state average weekly wage. Benefits cannot exceed the worker's after-tax earnings.

Maximum weekly benefit

For injuries occurring from July 1, 2025 through June 30, 2026, the maximum PTD benefit is $2,309 per week.

How long benefits last

PTD benefits can continue as long as the worker remains permanently and totally disabled.

Lump-sum option

A lump-sum agreement may be approved by the Labor Commissioner when there has been a decision that the claim is covered and the worker has had at least 12 months of continuous disability, or when a lump sum would serve everyone's best interests. Medical benefits cannot be included in the lump sum.

Deadlines to report injury and file a claim

Workers generally have 2 years after the injury to notify their employer and 3 years after the injury to file a claim for workers' compensation benefits. If an injury or occupational illness is not immediately recognized, the deadlines generally begin when the worker knows, or reasonably should know, the nature of the condition and its possible relationship to their employment.

Where to file/get forms

Workers should report an injury or occupational disease to their employer using Form 8aWCA, Notice of Accidental Injury or Occupational Disease. The employer or insurer is responsible for filing the Employer's First Report of Injury (Form 8WC) with the New Hampshire Department of Labor. If there is a dispute over benefits, the worker can request a hearing with the Department of Labor.

New Jersey

Benefit name

Permanent total disability (PTD) benefits under N.J.S.A. 34:15-12(b).

Who qualifies

A worker may qualify when a work injury or occupational illness leaves them unable to return to any type of gainful employment.

Covered injuries

PTD can result from a work injury or occupational disease that causes a permanent physical or neuropsychiatric impairment that is total and not reasonably expected to substantially improve. New Jersey also presumes PTD when a worker permanently loses the use of 2 major members, such as the hands, arms, feet, legs, or eyes.

Weekly benefit calculation

70% of the worker's average weekly wage, subject to the state minimum and maximum.

Maximum weekly benefit

For 2026, total disability benefits range from $320 to a maximum of $1,199 per week. The rate in effect on the date of the accident—or exposure/manifestation for occupational exposure—applies.

How long benefits last

PTD benefits are initially paid for 450 weeks. After that, benefits can continue as long as the worker remains totally disabled and unable to earn their pre-injury wages. Earnings after 450 weeks can reduce the benefit.

Lump-sum option

New Jersey allows certain workers' compensation claims to be resolved through a lump-sum settlement approved by a workers' compensation judge.

Deadlines to report injury and file a claim

Workers should notify their employer as soon as possible, but no later than 90 days after the accident. A formal Claim Petition generally must be filed within 2 years after the injury or the last payment of workers' compensation benefits, whichever is later. Employer-authorized medical treatment counts as payment of compensation. For an occupational illness, the Claim Petition generally must be filed within 2 years after the worker first becomes aware of the condition and its relationship to employment.

Where to file/get forms

Workers should first report the injury to their employer. If benefits are disputed, the worker can file Form WC-365, Employee Claim Petition, or Form WC-66, Application for Informal Hearing, with the New Jersey Division of Workers' Compensation. Forms are available through the Department of Labor & Workforce Development. Filing for an informal hearing does not stop the 2-year deadline for filing a formal Claim Petition.

Other important rules

New Jersey's Second Injury Fund may pay benefits when a worker becomes permanently and totally disabled because a final work injury combines with qualifying pre-existing disabilities.

New Mexico

Benefit name

Permanent total disability (PTD) under NMSA § 52-1-25.

Who qualifies

A worker qualifies for PTD if they have the permanent and total loss or loss of use of certain combinations of major body parts, or a qualifying severe brain injury. Unlike states that base PTD broadly on whether someone can ever work again, New Mexico defines the injuries that qualify.

Covered injuries

PTD applies to the permanent and total loss or loss of use of both hands, both arms, both feet, both legs, both eyes, or any 2 of these. It also covers a brain injury caused by a single traumatic work injury that results in a permanent impairment of at least 30%, excluding impairment from other body parts or pre-existing conditions.

Weekly benefit calculation

Two-thirds of the worker's average weekly wage, subject to a minimum of $36 and a maximum equal to 100% of the state average weekly wage.

Maximum weekly benefit

For 2026, the maximum is $1,146.66 per week.

How long benefits last

PTD benefits are payable for the remainder of the worker's life.

Lump-sum option

New Mexico allows workers to seek a lump-sum payment with approval from a workers' compensation judge.

Deadlines to report injury and file a claim

For an injury, workers generally must give their employer written notice within 15 days after they knew or should have known of the accident. For an occupational disease, written notice generally must be given within 15 days after the disease begins causing disability. In either case, the notice period can be extended to 60 days when circumstances beyond the worker's control prevent earlier notice. If the employer or insurer fails or refuses to pay benefits that are due, the worker generally has 1 year after that failure or refusal to file a claim.

Where to file/get forms

Workers can use Form NOA-1, Notice of Accident or Occupational Disease Disablement, to give written notice to their employer. If benefits are disputed or not being paid, the worker can file a Workers' Compensation Complaint with the New Mexico Workers' Compensation Administration. The WCA provides a complaint packet with the forms needed to start the case.

Other important rules

New Mexico has special rules for occupational diseases such as silicosis and asbestosis, including requirements involving when the worker was last exposed and when the disease caused disability. These claims may be subject to different time limits than other occupational disease claims.

New York

Benefit name

Permanent total disability (PTD) benefits under New York Workers' Compensation Law § 15(1).

Who qualifies

Workers whose work-related injury or occupational disease results in the permanent and total loss of their wage-earning capacity may qualify.

Covered injuries

Loss of both hands, both arms, both feet, both legs, both eyes, or any 2 of these is presumed to be permanent total disability unless there is conclusive proof to the contrary. Other injuries can also qualify based on the facts of the case.

Weekly benefit calculation

Two-thirds of the worker's average weekly wage, subject to the state's minimum and maximum benefit rates.

Maximum weekly benefit

For injuries occurring from July 1, 2026, through June 30, 2027, the maximum weekly benefit is $1,281.50, and the minimum is $384.45 or the worker's actual wages if lower. The benefit rate is based on the date of injury and does not increase when the state later raises its maximum or minimum.

How long benefits last

PTD benefits have no fixed week limit and can continue as long as the total disability continues.

Lump-sum option

Yes. A worker and insurer can enter into a Section 32 Waiver Agreement settling indemnity benefits, medical benefits, or both for a lump sum or annuity. The agreement must be approved by the Workers' Compensation Board.

Deadlines to report injury and file a claim

For an accidental injury, workers generally must give their employer written notice within 30 days and file a claim within 2 years. For an occupational disease, workers generally have 2 years from when the disease causes disability and when the worker knows or should know it is work-related to give notice and file a claim. Occupational hearing loss has special timing rules.

Where to file/get forms

Workers should notify their employer and file Form C-3, Employee Claim with the New York Workers' Compensation Board. Employer or insurer reporting does not replace the worker's responsibility to file a claim with the Board.

Other important rules

PTD benefits are not subject to the duration caps that apply to permanent partial disability. New York also allows workers with the specified bilateral or combined losses listed in § 15(1) to earn wages while receiving PTD, subject to the statutory limit on combined earnings and compensation.

North Carolina

Benefit name

Permanent total disability (PTD) under N.C. Gen. Stat. § 97-29(d).

Who qualifies

PTD is limited to workers who have one of the specific severe injuries listed in § 97-29(d).

Covered injuries

PTD may apply to the loss of both hands, both arms, both feet, both legs, both eyes, or any 2 of these; a spinal injury causing severe paralysis of both arms, both legs, or the trunk; a severe brain or closed-head injury resulting in specified severe and permanent impairments; or second- or third-degree burns covering at least 33% of the body.

Weekly benefit calculation

Two-thirds of the worker's average weekly wage, subject to the state minimum and maximum.

Maximum weekly benefit

For injuries occurring in 2026, the maximum is $1,446 per week. The maximum applicable in the year of injury continues to apply throughout the claim.

How long benefits last

PTD provides lifetime weekly benefits. Workers qualifying because of the loss of 2 listed body parts receive lifetime benefits even if they later return to work. For qualifying spinal injuries, severe brain/head injuries, and burns, benefits can end if the employer proves the worker is capable of returning to suitable employment. PTD also provides lifetime medical compensation.

Lump-sum option

After at least 6 weeks of weekly payments, the worker may apply for a lump-sum payment of some or all future benefits in certain cases. The North Carolina Industrial Commission must approve the request.

Deadlines to report injury and file a claim

Workers generally should give their employer written notice as soon as possible and within 30 days after an accident. A workers' compensation claim generally must be filed with the Industrial Commission within 2 years after the accident, although payments and certain medical payments can affect the filing deadline. For an occupational disease, the claim generally must be filed within 2 years after death, disability, or disablement.

Where to file/get forms

Workers can file Form 18, Notice of Accident to Employer and Claim of Employee, Representative, or Dependent, with the North Carolina Industrial Commission and provide a copy to the employer. For certain lung-disease claims, workers use Form 18B, Claim by Employee, Representative, or Dependent for Benefits for Lung Disease.

Other important rules

Workers should file Form 18 even when the employer is already paying compensation or the Industrial Commission has already opened a file.

North Dakota

Benefit name

Permanent total disability (PTD) under N.D.C.C. § 65-01-02(29).

Who qualifies

PTD is available when a compensable work injury prevents the worker from performing any work and results in one of the specific conditions listed by North Dakota law.

Covered injuries

Qualifying conditions include permanent loss of sight in both eyes; loss of both legs or feet at or above the ankle; loss of both arms or hands at or above the wrist; any combination of 2 of those losses; complete paralysis of both legs, both arms, or one leg and one arm; third-degree burns covering at least 40% of the body and requiring grafting; a severe brain injury that leaves the worker unable to care for themselves and requiring help with most activities of daily living; or a compensable injury resulting in a whole-body permanent impairment rating of at least 25%. The worker must also be unable to perform any work.

Weekly benefit calculation

Two-thirds of the worker's gross average weekly wage, subject to a minimum of 60% and a maximum of 125% of the state average weekly wage. The benefit also cannot exceed the worker's weekly wage after Social Security and federal income tax deductions.

Maximum weekly benefit

Effective July 1, 2026, North Dakota's maximum weekly disability benefit is $1,614, and the minimum is $775. The state average weekly wage is $1,291.

How long benefits last

PTD benefits are paid while the worker remains permanently and totally disabled, but they generally end when the worker is considered retired under North Dakota law. This generally occurs when the worker begins receiving Social Security retirement benefits or reaches Social Security retirement age and is eligible for those benefits. Medical benefits can continue after disability benefits end.

Lump-sum option

A worker who qualifies for PTD may receive future benefits as a lump sum if there is strong evidence that doing so is in the worker's best interest. The worker must provide a specific rehabilitation plan for how the money will be used.

Deadlines to report injury and file a claim

Workers should notify their employer immediately after an accident. Without good cause, notice generally cannot be given later than 7 days after the accident or after the general nature of the injury becomes apparent. A workers' compensation claim generally must be filed within 1 year after the injury. For this deadline, the injury date is when a reasonable person knew or should have known they had a work-related injury and had either received medical treatment or lost wages because of it.

Where to file/get forms

The worker can file a First Report of Injury (FROI), SFN 2828, directly with North Dakota Workforce Safety & Insurance. It can be filed online, mailed, or faxed.

Other important rules

PTD benefits can be reduced when the worker also receives Social Security disability or retirement benefits. North Dakota has separate formulas governing those offsets.

Ohio

Benefit name

Permanent total disability (PTD) under Ohio Rev. Code § 4123.58.

Who qualifies

A worker may qualify if a work injury or occupational disease prevents them from doing sustained paid work using skills they have or could reasonably be expected to develop. Certain losses also qualify automatically. PTD is not payable when the inability to work is due solely to unrelated medical conditions, age, retirement for unrelated reasons, or failure to pursue education or rehabilitation that could improve employability.

Covered injuries

PTD applies automatically to the loss or total loss of use of both hands, both arms, both feet, both legs, both eyes, or any combination of 2 of these. Other injuries and occupational diseases can qualify when they prevent the worker from doing sustained paid work.

Weekly benefit calculation

Two-thirds of the worker's average weekly wage, subject to the state minimum and maximum. A lower maximum applies to workers who receive Social Security disability benefits.

Maximum weekly benefit

For injuries occurring in 2026, the maximum PTD benefit is $1,281 per week, or $854 per week for workers who receive Social Security disability benefits. The minimum is $640.50 per week.

How long benefits last

PTD benefits generally continue until the worker's death.

Lump-sum option

A worker receiving PTD may request an advance of future benefits as a lump sum under special circumstances, such as financial relief or rehabilitation.

Deadlines to report injury and file a claim

Workers should report an injury to their employer as soon as possible. An injury claim generally must be filed within 1 year after the injury. For an occupational disease, a claim generally must be filed within 1 year after disability from the disease begins, although the deadline can extend to as much as 6 months after diagnosis when that produces a later deadline. Special rules apply to certain diseases, including silicosis, asbestosis, berylliosis, radiation illness, coal miners' pneumoconiosis, and certain respiratory diseases.

Where to file/get forms

To start a workers' compensation claim, an injured worker can file Form BWC-1101, First Report of an Injury, Occupational Disease or Death (FROI), with the Ohio Bureau of Workers' Compensation. Once the underlying claim has been established, a worker seeking PTD files Form IC-2, Application for Permanent Total Disability, with the Ohio Industrial Commission and must include supporting medical evidence.

Other important rules

A worker generally cannot receive PTD based on conditions unrelated to the workers' compensation claim or solely because of age. Ohio can also consider whether the worker made reasonable efforts to obtain education or rehabilitation that could improve their ability to work.

Oklahoma

Benefit name

Permanent total disability (PTD) benefits under Oklahoma Statutes Title 85A, § 45(D).

Who qualifies

Workers may qualify when a work injury or occupational disease permanently prevents them from earning wages in any work they could reasonably be suited for through their education, training, experience, or vocational rehabilitation.

Covered injuries

Loss of both hands, both feet, both legs, both eyes, or any 2 of these is considered permanent total disability. Other injuries or occupational diseases can also qualify if they leave the worker unable to earn wages in work they could reasonably be suited for.

Weekly benefit calculation

70% of the worker's average weekly wage, up to the state maximum.

Maximum weekly benefit

For injuries and illnesses occurring in 2026, the maximum PTD benefit is $1,128.66 per week.

How long benefits last

PTD benefits continue while the disability lasts until the worker reaches the age for maximum Social Security retirement benefits or for 15 years, whichever provides benefits for longer. Benefits generally stop if the worker dies.

Lump-sum option

Yes. A worker and employer or insurer may settle a workers' compensation claim through a Joint Petition for Settlement filed with the Oklahoma Workers' Compensation Commission.

Deadlines to report injury and file a claim

Workers generally must report an accidental injury within 30 days. A formal claim generally must be filed within 1 year after the injury, or within 6 months after the last benefits were provided, if that is later. For an occupational disease or cumulative trauma, workers generally must give notice within 6 months after the condition first becomes apparent, and no later than 30 days after leaving the job. The claim-filing deadline is generally 2 years after the last harmful workplace exposure. Special deadlines apply to silicosis, asbestosis, and diseases caused by radiation.

Where to file/get forms

Workers should first report the injury to their employer. The employer reports the injury to the Oklahoma Workers' Compensation Commission, and accepted claims may be handled without the worker filing a separate claim form. If benefits are denied or there is a dispute, the worker can formally file a claim using CC-Form 3, Employee's First Notice of Claim for Compensation, or CC-Form 3B for an occupational disease.

Other important rules

The Commission reviews PTD recipients annually. Workers must file an annual statement confirming that they have not been working and remain unable to work. Benefits can be suspended if the worker fails to file it.

Oregon

Benefit name

Permanent total disability (PTD) benefits under Oregon Revised Statutes § 656.206.

Who qualifies

Workers may qualify when a work injury permanently prevents them from regularly working in a job they are able and qualified to perform or could perform after rehabilitation. The worker generally must also show a willingness to work and reasonable efforts to find suitable employment.

Covered injuries

Oregon does not have a list of injuries that automatically qualify for PTD. Eligibility depends on whether the worker meets the state's PTD standard.

Weekly benefit calculation

For injuries occurring in 2026, PTD is generally two-thirds of the worker's wages, subject to a minimum of 33% and a maximum of 133% of Oregon's average weekly wage.

Maximum weekly benefit

For injuries occurring from July 1, 2026, through June 30, 2027, the maximum PTD benefit is $1,943.41 per week, and the minimum is $482.20 per week.

How long benefits last

PTD benefits can continue as long as the worker remains permanently and totally disabled. Insurers periodically review PTD claims and may end PTD if the worker's medical or vocational condition has improved enough that the worker can regularly perform suitable paid work.

Lump-sum option

Yes. A worker and insurer may resolve some or all rights to compensation through a Claim Disposition Agreement, subject to approval. Future medical benefits cannot be included in the agreement.

Deadlines to report injury and file a claim

Workers generally must report an accidental injury to their employer immediately and no later than 90 days after the accident, using Form 801, Report of Job Injury or Illness. For an occupational disease, workers generally must make a claim within 1 year after discovering or reasonably being expected to discover the disease, or within 1 year after becoming disabled or being told by a doctor they have an occupational disease, whichever is later.

Where to file/get forms

Workers can report an injury or occupational disease by completing Form 801, Report of Job Injury or Illness, and giving it to their employer, which sends it to the insurer within 5 days. If the worker receives medical treatment, the worker and provider also complete Form 827, Worker's and Health Care Provider's Report for Workers' Compensation Claims, which the provider sends to the insurer within 72 hours.

Other important rules

PTD may be reduced when the worker receives Social Security disability benefits, but the reduction requires authorization from the Oregon Department of Consumer and Business Services. PTD claims are generally reviewed at least every 2 years to determine whether the worker has improved enough to return to suitable work.

Pennsylvania

Benefit name

Total disability benefits under Section 306(a) of the Pennsylvania Workers' Compensation Act. Pennsylvania does not use a separate “permanent total disability” benefit category in the way many states do.

Who qualifies

Workers qualify for total disability benefits when a work-related injury or occupational disease leaves them unable to earn wages. After 104 weeks of total disability, the insurer can request an impairment rating evaluation. A worker with a whole-body impairment rating of 35% or more is presumed totally disabled and can continue receiving total disability benefits. A rating below 35% can result in a change to partial disability status.

Covered injuries

Unless otherwise determined, the loss of both hands, both arms, both feet, both legs, or both eyes constitutes total disability. Other injuries and occupational diseases can qualify based on their effect on the worker's ability to earn wages.

Weekly benefit calculation

Generally two-thirds of the worker's average weekly wage, subject to Pennsylvania's minimum and maximum rules.

Maximum weekly benefit

For injuries occurring in 2026, the maximum is $1,394 per week.

How long benefits last

There is no fixed maximum number of weeks for qualifying total disability benefits. They can continue for the duration of total disability. However, the 104-week impairment-rating rules can affect whether the worker remains classified as totally disabled.

Lump-sum option

Yes. Workers may settle their claim for a lump sum through a Compromise and Release Agreement, which requires approval by a workers' compensation judge.

Deadlines to report injury and file a claim

Workers generally should report an injury to their employer within 21 days to receive benefits from the date of injury, although they have up to 120 days in most cases. The employer then reports the claim to its insurer. If the claim is denied or disputed, the worker generally has 3 years after the injury to file a Claim Petition. For an occupational disease, these deadlines generally run from the disability caused by the disease and when the worker knows or should know it is work-related.

Where to file/get forms

Workers first report the injury or occupational disease to their employer. If the claim is denied or disputed, the worker can file Claim Petition LIBC-362 with the Workers' Compensation Office of Adjudication through Pennsylvania's WCAIS system.

Other important rules

Workers' compensation wage-loss benefits may be offset by 50% of Social Security retirement benefits, the employer-funded portion of a pension, severance pay, unemployment compensation, and certain other earnings. Pennsylvania does not provide a cost-of-living increase for these benefits.

Rhode Island

Benefit name

Permanent total disability (PTD) benefits under Rhode Island General Laws § 28-33-17.

Who qualifies

A worker can qualify when a work injury leaves them physically unable to earn wages in any employment. In some cases, a worker can also qualify if the injury prevents them from returning to their regular job or performing alternative employment, considering factors such as age, education, background, abilities, and training.

Covered injuries

Rhode Island considers certain injuries PTD, including total and irrecoverable loss of sight in both eyes, loss of both feet at or above the ankle, loss of both hands at or above the wrist, loss of 1 hand and 1 foot, spinal injuries causing permanent and complete paralysis of the arms or legs, and certain severe brain injuries. However, other injuries may also qualify.

Weekly benefit calculation

For injuries on or after January 1, 2022, total disability benefits are 62% of the worker's average weekly wage, subject to the state maximum. An additional $25 per week is available for each qualifying dependent.

Maximum weekly benefit

The maximum is $1,622 per week for injuries occurring on or after October 1, 2025.

How long benefits last

PTD benefits can continue as long as the worker remains totally incapacitated.

Lump-sum option

Yes. Future workers' compensation benefits may be settled for a lump sum or structured payment with approval from the Workers' Compensation Court.

Deadlines to report injury and file a claim

Workers generally must report an accidental injury to their employer within 30 days. The employer then reports qualifying injuries to its insurer, which files the First Report of Injury electronically with the Rhode Island Department of Labor and Training (DLT). If benefits do not begin and the worker needs to pursue the claim, a petition generally must be filed within 2 years after the injury or incapacity occurs or becomes apparent. For an occupational disease, workers generally must notify the employer within 90 days after becoming disabled, and the 2-year filing period does not begin until the worker knows or should know of the condition and its relationship to work, or becomes disabled, whichever is later.

Where to file/get forms

Workers report an injury or occupational disease to their employer, which reports it to the insurer. If the claim is denied or benefits are not paid within 21 days, the worker can file a petition for benefits with the Rhode Island Workers' Compensation Court.

Other important rules

Workers who have been totally incapacitated for more than 52 weeks receive annual cost-of-living increases. The 2026 COLA is 2.2%, effective May 10, 2026.

South Carolina

Benefit name

Permanent total disability benefits under South Carolina Code § 42-9-10.

Who qualifies

Workers may qualify when a work injury leaves them totally unable to work.

Covered injuries

Loss of both hands, both arms, both feet, both legs, vision in both eyes, or any 2 of these is considered total and permanent disability. Loss of 50% or more of the use of the back is also generally considered total and permanent disability.

Weekly benefit calculation

Two-thirds of the worker's average weekly wage, subject to the state minimum and maximum.

Maximum weekly benefit

For injuries occurring on or after January 1, 2026, the maximum is $1,189.94 per week.

How long benefits last

PTD benefits are generally limited to 500 weeks. Workers who are permanently and totally disabled because of paraplegia, quadriplegia, or physical brain damage can receive benefits for life.

Lump-sum option

Yes. Future benefits may be paid as a lump sum with Commission approval. However, workers entitled to lifetime PTD benefits cannot receive all of those benefits as a lump sum.

Deadlines to report injury and file a claim

Workers generally must report an accidental injury to their employer within 90 days. A claim generally must be filed within 2 years to preserve the right to benefits. For an occupational disease, workers generally have 2 years after receiving a definitive diagnosis to file a claim.

Where to file/get forms

The employer or its representative normally reports the claim. If the claim has not been reported, is denied, or the worker believes they are not receiving all benefits owed, the worker can file Form 50 with the South Carolina Workers' Compensation Commission to request a hearing.

South Dakota

Benefit name

Permanent total disability (PTD) benefits under South Dakota Codified Laws § 62-4-53.

Who qualifies

Workers may qualify when their physical condition, age, training, experience, and available work leave them unable to obtain more than sporadic employment with minimal income. Workers generally must show a reasonable effort to find work unless medical or vocational evidence shows that would be futile, and they must show that vocational rehabilitation would not help them return to suitable work.

Covered injuries

Loss of both hands, both arms, both feet, both legs, both eyes, or any 2 of these is considered total disability. Complete and permanent paralysis and total and permanent loss of mental faculties also qualify. Other injuries can also qualify under the general PTD standard.

Weekly benefit calculation

PTD is paid at the same rate as temporary total disability, which is two-thirds of the worker's average weekly earnings, subject to the state minimum and maximum.

Maximum weekly benefit

Effective July 1, 2026, the maximum is $1,152 per week, and the minimum is $576 per week.

How long benefits last

PTD benefits are paid for life.

Lump-sum option

Yes. An employer or worker can ask the Department of Labor and Regulation to convert unpaid compensation to a lump sum when doing so is in the worker's best interests.

Deadlines to report injury and file a claim

Workers generally must report an injury to their employer in writing within 3 business days. If benefits are denied, they generally have 2 years after the written denial to file a Petition for Hearing. For an occupational disease, workers generally must file a claim within 2 years after the disease becomes disabling. They must also give the employer written notice within 6 months after leaving the employment where the exposure occurred.

Where to file/get forms

In South Dakota, workers report an injury or occupational disease to their employer, and the employer files the claim with its workers' compensation insurer. If the claim is denied or disputed, the worker can file a Petition for Hearing with the South Dakota Department of Labor and Regulation.

Other important rules

PTD benefits increase annually to help keep up with rising costs. Social Security retirement benefits may affect the amount of PTD benefits a worker receives. PTD cases may also be reviewed periodically to determine whether benefits should continue.

Tennessee

Benefit name

Permanent total disability (PTD) benefits under Tennessee Code Annotated § 50-6-207(4).

Who qualifies

Workers may qualify when a permanent work-related disability leaves them unable to work at any job that provides an income. Tennessee considers factors such as the worker's skills, training, education, age, available jobs, and ability to perform other work.

Covered injuries

Tennessee does not have a broad list of injuries that automatically qualify as PTD. The key question is whether the injury leaves the worker unable to work at an income-producing job.

Weekly benefit calculation

Two-thirds of the worker's average weekly wage, subject to the state minimum and maximum.

Maximum weekly benefit

For injuries from July 1, 2026 through June 30, 2027, the maximum for permanent disability benefits is $1,353 per week. The minimum is $202.95.

How long benefits last

PTD benefits generally continue until the worker becomes eligible for full Social Security retirement benefits. If the injury occurs less than 5 years before that eligibility date or afterward, benefits are payable for 260 weeks.

Lump-sum option

Limited. PTD benefits cannot normally be converted entirely to a lump sum. A limited portion of up to 100 weeks may be paid as a lump sum for attorney fees, litigation expenses, or certain debts from before the injury.

Deadlines to report injury and file a claim

Workers generally must report an accidental injury to their employer within 15 days. Reporting the injury starts the claims process, and the employer files the claim with its insurer. If there is a dispute or problem with benefits, the worker generally has 1 year after the injury to file a petition with the Tennessee Bureau of Workers' Compensation to dispute the decision, although receiving benefits can extend that deadline. For an occupational disease, workers generally must give written notice within 30 days after the disease first clearly appears and have 1 year after the disease begins affecting their ability to work to pursue a claim.

Where to file/get forms

Reporting the injury to the employer starts the claim process, and the employer reports the claim to its insurance adjuster. If the claim is denied or there is another dispute, the worker can file a Petition for Benefit Determination (PBD) with the Tennessee Bureau of Workers' Compensation.

Other important rules

Workers receiving PTD may also be required to certify each year that they remain permanently and totally disabled and are not working at a job that provides income.

Texas

Benefit name

Lifetime Income Benefits (LIBs) under Texas Labor Code § 408.161.

Who qualifies

Workers with one of the severe injuries specifically listed in Texas law may qualify for lifetime benefits. Unlike many states, being permanently unable to work by itself generally does not qualify a worker for LIBs. A separate rule allows certain first responders who suffer a serious bodily injury that leaves them permanently unable to work to qualify.

Covered injuries

Qualifying injuries include permanent loss of sight in both eyes; loss of both feet, both hands, or 1 hand and 1 foot; certain spinal injuries causing permanent complete paralysis; certain severe traumatic brain injuries; and certain extensive third-degree burns.

Weekly benefit calculation

75% of the worker's average weekly wage, with benefits increasing by 3% each year.

Maximum weekly benefit

For October 1, 2025 through September 30, 2026, the maximum is $1,271 per week. Beginning October 1, 2026, it increases to $1,314 per week. The maximum applies during the first year of LIBs; the annual 3% increases can take benefits above it.

How long benefits last

Lifetime Income Benefits are paid for life.

Lump-sum option

No. Lifetime Income Benefits generally cannot be converted to a lump-sum settlement.

Deadlines to report injury and file a claim

Workers generally must report an accidental injury to their employer within 30 days and file a claim with the Texas Division of Workers' Compensation within 1 year. For an occupational disease, workers generally have 30 days to notify their employer and 1 year to file Form-041 after they know or should know the disease is work-related.

Where to file/get forms

Workers file DWC Form-041, Employee's Claim for Compensation for a Work-Related Injury or Occupational Disease, with the Texas Division of Workers' Compensation. A worker seeking LIBs can request them from the insurance carrier in writing; Texas also provides DWC Form-038, Application for Lifetime Income Benefits.

Utah

Benefit name

Permanent total disability (PTD) benefits under Utah Code § 34A-2-413.

Who qualifies

Workers may qualify if a work injury or occupational disease causes a significant permanent impairment that prevents them from returning to their previous work or performing other reasonably available work. The worker generally must not be working and must show that the disability is directly caused by the work injury or disease.

Covered injuries

Permanent and complete loss of both hands, both arms, both feet, both legs, both eyes, or any combination of 2 of these is considered permanent total disability. Other injuries and occupational diseases can also qualify if the worker meets the general PTD requirements.

Weekly benefit calculation

Workers generally receive two-thirds of their average weekly wage, subject to the state maximum and minimum.

Maximum weekly benefit

For July 1, 2026 through June 30, 2027, the maximum PTD benefit during the first 312 weeks is $1,169 per week. Utah's 2026 state average weekly wage is $1,376, and the PTD maximum is 85% of that amount.

How long benefits last

PTD benefits continue until the worker dies or becomes able to return to regular, steady work.

Lump-sum option

Yes. Workers' compensation benefits may be paid as a lump sum or settled with approval from a Utah workers' compensation judge.

Deadlines to report injury and file a claim

Workers should report an accidental injury promptly and generally no later than 180 days after the injury. If there is a dispute over benefits, they generally have 6 years after the accident to file an Application for Hearing. For an occupational disease, workers generally must give notice within 180 days after they become disabled and know or should know the disease was caused by their work, and have 6 years from that point to file an Application for Hearing.

Where to file/get forms

Workers first report the injury or occupational disease to their employer, and the employer/insurer handles the initial claim reporting. If the claim is denied, the worker can file an Application for Hearing with the Utah Labor Commission. Utah has separate applications for accidental injuries (Form 001) and occupational diseases (Form 026).

Other important rules

After PTD is awarded, the insurer may periodically have the worker reexamined to determine whether they remain permanently and totally disabled. The automatic PTD injuries listed above are exempt from these reexaminations.

Vermont

Benefit name

Permanent total disability (PTD) benefits under 21 Vermont Statutes Annotated §§ 644–645.

Who qualifies

Workers with specific injuries identified as permanently and totally disabling qualify. Other injuries can also qualify based on factors such as the worker's age, experience, training, education, and mental capacity.

Covered injuries

Total and permanent loss of sight in both eyes; loss of both feet, both hands, or 1 hand and 1 foot; certain spinal injuries causing permanent complete paralysis; and severe traumatic brain injuries causing permanent and severe disabilities are considered permanent total disability. Other injuries may also qualify.

Weekly benefit calculation

Workers generally receive two-thirds of their average weekly wage, subject to the state maximum and minimum.

Maximum weekly benefit

From July 1, 2026 through June 30, 2027, the maximum is $1,914 per week.

How long benefits last

PTD benefits are payable for at least 330 weeks. They continue beyond 330 weeks if the disability continues to cause a loss of earning capacity and the worker has no reasonable prospect of finding regular employment.

Lump-sum option

Yes. A worker may apply to have permanent total disability benefits paid as a lump sum, subject to approval by the Commissioner and a finding that it is in the worker's or dependents' best interests.

Deadlines to report injury and file a claim

Workers generally must notify their employer of an injury as soon as practicable and make a claim within 6 months after the injury. For an occupational disease, a claim generally must be made within 2 years after the disease and its relationship to the job become reasonably discoverable and apparent.

Where to file/get forms

Workers normally report the injury to their employer. If the employer fails or refuses to report it, the worker can file Form 5, Employee's Notice of Injury and Claim for Compensation, with the Vermont Department of Labor. If there is a dispute, the worker can file Form 6, Notice and Application for Hearing.

Other important rules

PTD benefits are adjusted annually to reflect changes in Vermont's average weekly wage.

Virginia

Benefit name

Permanent total disability benefits under Virginia Code § 65.2-503(C).

Who qualifies

Virginia PTD is limited to the catastrophic injuries listed in § 65.2-503(C). Unlike some states, simply being permanently unable to return to work does not by itself qualify a worker for PTD under this provision.

Covered injuries

Loss of both hands, both arms, both feet, both legs, both eyes, or any 2 of these; an injury resulting in total paralysis; or a brain injury severe enough to leave the worker permanently unable to earn a living. Permanent loss of use of a body part is treated the same as loss of the body part.

Weekly benefit calculation

Workers generally receive two-thirds of their average weekly wage, subject to the state maximum and minimum.

Maximum weekly benefit

Effective July 1, 2026, the maximum is $1,507.01 per week and the minimum is $376.75.

How long benefits last

PTD benefits are not subject to Virginia's normal 500-week limit and can continue for the worker's lifetime.

Lump-sum option

Yes. Future compensation may be converted in whole or in part to a lump sum when the parties agree and the Virginia Workers' Compensation Commission determines it is in the worker's or dependents' best interests, or meets another statutory basis for approval.

Deadlines to report injury and file a claim

Workers generally must report an accidental injury to their employer within 30 days and file a claim with the Virginia Workers' Compensation Commission within 2 years after the accident. For an occupational disease, workers generally must notify their employer within 60 days after being diagnosed. Most occupational-disease claims must be filed within 2 years of the diagnosis.

Where to file/get forms

The worker must file Form VWC1, Claim for Benefits, with the Virginia Workers' Compensation Commission to protect their rights, even if the employer or insurer is already paying benefits.

Other important rules

Virginia applies annual cost-of-living increases to qualifying ongoing benefits. The COLA effective October 1, 2026 is 2.65%.

Washington

Benefit name

Permanent total disability (PTD), commonly called a pension, under Revised Code of Washington § 51.32.060.

Who qualifies

Workers may qualify when a work injury or occupational disease permanently prevents them from performing any work at a gainful occupation.

Covered injuries

Loss of both legs, both arms, 1 leg and 1 arm, total loss of eyesight, or paralysis is considered permanent total disability. Other conditions can also qualify if they permanently prevent the worker from performing any work at a gainful occupation.

Monthly benefit calculation

For injuries or occupational diseases on or after July 1, 2026, workers receive 60% to 75% of their wages, depending on whether they are married and how many dependent children they have.

Maximum monthly benefit

Benefits cannot exceed 120% of Washington's average monthly wage. The maximum changes each July 1. From July 1, 2026 through June 30, 2027, the maximum is $9,981 per month.

How long benefits last

PTD pension benefits continue as long as the worker remains permanently and totally disabled.

Lump-sum option

Limited. A worker may apply to convert some or all of the pension to a lump sum, but the lump-sum payment generally cannot exceed $8,500 and requires approval by the Washington State Department of Labor & Industries (L&I).

Deadlines to report injury and file a claim

Workers should tell their employer about an injury as soon as possible and generally must file a workers' compensation claim within 1 year after the injury. For an occupational disease, workers generally have 2 years after receiving written notice from a medical provider that they have an occupational disease to file a claim for benefits. Occupational hearing loss has a different deadline.

Where to file/get forms

Workers generally file a claim with the Washington State Department of Labor & Industries (L&I) online through FileFast, by phone, or through their medical provider using a Report of Accident. If the employer is self-insured, the worker files the claim directly with the employer instead.

Other important rules

PTD benefits may increase annually based on changes in Washington's average wage.

West Virginia

Benefit name

Permanent total disability (PTD) benefits under West Virginia Code § 23-4-6(d), (m), and (n).

Who qualifies

Workers may qualify if they have certain severe injuries or if their injury or occupational disease leaves them unable to earn a living through regular work. For most workers without an automatically qualifying injury, they must also have at least 50% in prior permanent partial disability awards, 50% medical impairment from a single injury or occupational disease, or 35% permanent disability from certain qualifying injuries.

Covered injuries

Loss of both eyes or their sight, both hands or their use, both feet or their use, or 1 hand and 1 foot or their use is conclusively considered permanent total disability. Other injuries and occupational diseases can also qualify under the requirements above.

Weekly benefit calculation

Workers generally receive two-thirds of their average weekly wage, subject to the state maximum and minimum.

Maximum weekly benefit

The maximum PTD benefit is 100% of West Virginia's average weekly wage in effect on the date of the injury. Because West Virginia bases the rate on the injury date rather than the year benefits are being paid, there isn't one current maximum that applies to all PTD recipients.

How long benefits last

Benefits are generally paid until the worker reaches the age at which they are eligible for full Social Security retirement benefits.

Lump-sum option

West Virginia law allows periodic disability benefits to be converted to 1 or more lump-sum payments under special circumstances when the insurer or self-insured employer considers it advisable.

Deadlines to report injury and file a claim

Workers must give their employer written notice of an injury immediately or as soon as reasonably possible. For an accidental injury, workers generally must file a claim within 6 months after the injury. For an occupational disease other than occupational pneumoconiosis, workers generally have 3 years after their last exposure to the occupational hazard or 3 years after a doctor informs them of the disease or they reasonably should have known about it, whichever is later. Occupational pneumoconiosis has separate filing rules.

Where to file/get forms

Workers generally file Form OIC-WC-1, Employee's and Physician's Report of Occupational Injury or Disease, with the workers' compensation insurance carrier or self-insured employer. Occupational pneumoconiosis claims use Form OIC-WC-1OP, and occupational hearing-loss claims use Form OIC-WC-1HL. To apply for permanent total disability benefits, workers use Form OIC-115, Application for Permanent Total Disability Benefits, which is submitted to the insurer, self-insured employer, or claims administrator handling the claim. The forms are available from the West Virginia Offices of the Insurance Commissioner.

Wisconsin

Benefit name

Permanent total disability (PTD) benefits under Wisconsin Statutes § 102.44(2).

Who qualifies

Workers may qualify if a work injury leaves them permanently unable to perform work for which a reasonably stable job market exists. Certain severe injuries automatically qualify.

Covered injuries

Total loss of use of both eyes, loss of both arms at or near the shoulder, both legs at or near the hip, or 1 arm at the shoulder and 1 leg at the hip is considered permanent total disability. Other injuries can also qualify based on their effect on the worker's ability to work.

Weekly benefit calculation

Workers generally receive two-thirds of their average weekly wage, subject to the state maximum.

Maximum weekly benefit

For injuries occurring in 2026, the maximum PTD benefit is $1,375 per week.

How long benefits last

PTD benefits are paid for the worker's lifetime.

Lump-sum option

Yes, in limited circumstances. PTD benefits may be settled for a lump sum if all parties agree and the settlement is approved after a hearing as being in the worker's best interest.

Deadlines to report injury and file a claim

Workers should report an injury to their employer as soon as possible and generally within 30 days. They generally must report it within 2 years to qualify for workers' compensation, although a claim may still be allowed if the employer knew or should have known about the injury. Workers generally have 6 years after the injury or the last compensation payment to request a hearing over disputed benefits. There is no statute of limitations for occupational disease claims or certain serious traumatic injuries.

Where to file/get forms

Workers normally report the injury or occupational disease to their employer, which starts the workers' compensation claim process. If benefits are denied or disputed, the worker can file Form WKC-7, Hearing Application, with the Wisconsin Department of Workforce Development.

Wyoming

Benefit name

Permanent total disability (PTD) benefits under Wyoming Statutes §§ 27-14-403 and 27-14-406.

Who qualifies

Workers may qualify when a doctor certifies that a work injury has permanently left them unable to work in any gainful occupation for which they are reasonably suited by their experience or training.

Covered injuries

Wyoming does not have a list of specific injuries that automatically qualify as PTD. Qualification is based on whether the permanent injury leaves the worker unable to perform suitable gainful work.

Monthly benefit calculation

The calculation depends on the worker's earnings. Workers earning less than 73% of the statewide average monthly wage receive 92% of their actual monthly earnings. Those earning between 73% and 100% of the statewide average receive two-thirds of the statewide average. Workers earning at least the statewide average receive two-thirds of their actual monthly earnings, subject to the maximum.

Maximum monthly benefit

For injuries occurring during the third quarter of 2026, the maximum benefit is $5,204.33 per month.

How long benefits last

The initial PTD award is paid for 80 months, reduced by any months of permanent partial disability benefits previously paid for the same injury. After that award ends, a worker who remains permanently and totally disabled may qualify for extended benefits under additional requirements.

Lump-sum option

Yes, in limited circumstances. All or part of a PTD award may be paid as a lump sum if the worker applies and demonstrates exceptional need.

Deadlines to report injury and file a claim

Workers generally must report an injury to their employer within 72 hours after it becomes apparent and file an injury report with the employer and Workers' Compensation Division within 10 days. They generally have 1 year after the injury to file a claim for benefits, or 1 year after discovering an injury that was not readily apparent. For injuries that develop over time, workers generally have until 1 year after being diagnosed or 3 years after their last harmful workplace exposure, whichever comes last.

Where to file/get forms

Workers first file a Wyoming Report of Injury with their employer and the Wyoming Workers' Compensation Division. The Division then opens and reviews the claim. If the injury results in permanent disability, the worker applies separately to the Division for the appropriate permanent disability benefits.

Other important rules

PTD awards receive annual inflation adjustments based on the Consumer Price Index, capped at 3% per year, once the award has been in effect for at least 1 year.

FAQs about permanent total disability after a work injury

Does workers’ comp pay for permanent disability?

Yes. Workers’ compensation can provide benefits when a work-related injury or occupational disease causes a permanent disability. Depending on the state and the extent of the disability, a worker may qualify for permanent partial disability or permanent total disability benefits.

Each state sets its own requirements for determining when a disability is considered permanent and what benefits are available.

What’s the difference between permanent total and permanent partial disability in workers’ comp?

Permanent partial disability (PPD) generally means you have a lasting impairment from a work injury but are still able to do some type of work, even if you cannot return to your previous job or need retraining for a different type of work.

Common examples include permanent loss of motion in one shoulder, loss of vision in one eye, or lasting back problems that limit the type of work you can do.

Permanent total disability typically only applies to work-related injuries or illnesses that prevent you from earning a living even after additional training or vocational rehabilitation, but states have very different requirements for who qualifies.

For example, some states limit PTD to specific catastrophic injuries, such as the loss of both legs, blindness in both eyes, paralysis, or a severe brain injury.

Other states don’t require a particular type of injury but instead award PTD benefits based on whether you’re capable of returning to suitable employment. Depending on the state, factors such as age, education, training, skills, work experience, and the availability of acceptable jobs may also be considered.

Will workers’ comp PTD benefits cover my full wages?

Usually not. Most states calculate PTD benefits as a percentage of your average weekly wage (AWW) or a similar measure of your earnings before the injury. Your AWW is generally based on what you earned during a certain period of time before you were injured, although the exact calculation varies by state.

For example, many states pay two-thirds of your AWW. If your AWW was $900, that would mean a PTD benefit of $600 per week. While that may seem like a significant drop in income, the good news is that workers’ compensation benefits generally are not subject to income tax. That means your PTD benefits may be closer to your previous take-home pay than the percentage alone might suggest.

Most states also set maximum benefit amounts that can limit how much you receive, particularly if you were a higher-wage worker. Some states also have minimum benefit amounts that may increase what lower-wage workers would otherwise receive. The limits and how they apply vary by state.

Do I have to pay taxes on permanent disability benefits?

Generally, no. Workers’ compensation benefits for a work-related injury or illness, including PTD benefits, are generally exempt from federal income tax.

Can I collect workers’ comp and Social Security Disability at the same time?

Yes. You can receive workers’ compensation and Social Security Disability Insurance (SSDI) at the same time if you qualify for both. However, receiving workers’ comp can affect the amount of your Social Security disability benefits.

Generally, your SSDI benefits may be reduced if your combined workers’ comp, SSDI, and certain other public disability benefits exceed 80% of your average earnings before you became disabled. In some states, workers’ comp benefits are reduced instead.

Need help getting the benefits you deserve after a permanent work injury in Alabama?

Permanent total disability rules can be complicated, and when your ability to earn a living is at stake, you want a team of attorneys who understand how to build a strong claim so you can get the full benefits available to you under the law.

At Nomberg Law Firm, our local Birmingham work injury attorneys have more than 50 years of experience in Alabama workers’ compensation cases. We understand that proving permanent total disability can involve much more than documenting the severity of your injury. Your ability to return to work, physical restrictions, education, skills, work history, and vocational options can all matter.

If a workplace injury or occupational disease has left you unable to earn a living, don’t make decisions about your claim or accept a settlement without understanding how it could affect your long-term financial future. 

Contact Nomberg Law Firm today for a free consultation to discuss your case and legal options.

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About us

The Nomberg Law Firm of Birmingham, Alabama practices: Workers’ compensation, personal injury, automobile accidents, car accidents, Social Security Disability claims, workplace accidents, workman’s comp, on-the-job accidents, and bankruptcy law matters.

BBB Accredited Business

The Nomberg Law Firm: Alabama Enjuris Partner Attorney

The College of Workers' Compensation Lawyers

Practice areas

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Suite 401
Birmingham, AL 35213
(205) 930-6900

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