Workers’ Compensation Case Review: Sheltered Employment

Aug 21, 2014 | WC & Other Laws

One of the more difficult workers’ compensation benefits to obtain is wage loss benefits after maximum medical improvement.  This is called Permanent Total Disability (PTD).  In order to obtain PTD Benefits an injured worker must show that he or she cannot earn any wages in any employment.

Typically this means that if injured workers can do a part-time minimum wage job – then they are not entitled to any lost wage benefits after maximum medical improvement.  However a Judge may still award PTD benefits if the evidence shows that claimant is not physically able to sustain post-injury employment or that such employment is “unlikely to become available to a claimant again in view of the particular circumstances.

Blocker, an injured worker, continued to drive a forklift after his injury.  However he was able to come and go from the job as needed, worked at his own pace, and worked alone where is lack of hearing did not create a safety hazard.  When the employer was no longer able to accommodate him, they let him go and he sought – and was awarded – permanent total disability benefits.

As always, how this or any other case we discuss in this blog would apply to your case depends on many more factors.  We urge you to call us to see if you are entitled to workers’ compensation benefits.  Workers’ Compensation is difficult, confusing, and very complex.  Kaplan Morrell has helped thousands of injured workers since 1997 get the benefits they deserve.   Contact us here or call us at 303-780-7329 for your FREE CONSULTATION.