Workplace Injuries Leading to Long-Term Disability: Legal Rights You Should Know

Every year, millions of Americans suffer workplace injuries that change their lives forever. While some heal over time, others cause permanent disabilities that make it hard to return to work or maintain the same quality of life. Understanding your legal rights after a workplace injury that leads to long-term disability is crucial to getting the compensation and support you deserve.

What Types of Workplace Injuries Lead to Long-Term Disability?

Long-term disability happens when an injury causes lasting impairment that limits your ability to work. These injuries often reshape your career and income potential.

Common examples include:

• Severe back or spinal cord injuries from lifting or falling
• Traumatic brain injuries from construction accidents or slips
• Repetitive stress injuries like carpal tunnel syndrome
• Occupational illnesses caused by toxic exposure
• Amputations or crush injuries
  

The effects of these injuries go beyond medical bills. They can lead to income loss, ongoing treatment needs, and emotional distress that lasts a lifetime.

What Are My Rights Under Workers’ Compensation?

Workers’ compensation is a no-fault insurance system that provides benefits to employees injured on the job. If your workplace injury results in long-term disability, you’re entitled to several protections.

Medical Treatment

You have the right to receive complete medical care related to your work injury, including emergency care, surgeries, rehabilitation, and physical therapy. For long-term disabilities, coverage may also include assistive devices, home modifications, and continued care.

Disability Benefits

If you can’t work, workers’ compensation provides wage replacement. Permanent disabilities fall into two categories:

• Permanent Partial Disability (PPD): For injuries that reduce but don’t eliminate your ability to work.
• Permanent Total Disability (PTD): For injuries that completely prevent you from working.

Vocational Rehabilitation

If you can’t return to your previous job, you may qualify for retraining or job placement programs. These help you build new skills and find work that fits your abilities.

Is Workers’ Compensation My Only Option?

Not always. While workers’ compensation helps cover medical expenses and lost wages, it doesn’t pay for pain and suffering, emotional distress, or reduced quality of life. It also typically replaces only two-thirds of your regular wages.

In some cases, you can file a personal injury lawsuit in addition to your workers’ comp claim. This can apply when a third party—like an equipment manufacturer, subcontractor, or property owner—caused or contributed to your injury. These claims may allow you to recover full compensation for your losses.

Can I Get Social Security Disability Benefits Too?

If your injury causes permanent or long-term disability, you may also qualify for Social Security Disability Insurance (SSDI). Unlike workers’ comp, SSDI doesn’t require your disability to be work-related—it only needs to prevent you from doing substantial work and be expected to last at least a year.

To qualify, you must have enough work credits from paying Social Security taxes. The application process can be challenging, and many claims are denied at first. However, you can receive both SSDI and workers’ compensation at the same time, though your SSDI benefits may be reduced if your total payments exceed a set limit.

How to Protect Your Rights After a Workplace Injury

Taking the right steps early on helps strengthen your case and ensures you receive the full benefits you deserve:

1. Report your injury immediately. Each state has strict deadlines—waiting too long could risk your claim.
2. Document everything. Keep copies of medical records, lost wage proof, and personal notes on how the injury affects your daily life.
3. Follow all medical advice. Missing appointments or skipping treatment can weaken your claim.
4. Consult a workers’ compensation attorney. They can ensure your paperwork, evidence, and filings meet all legal requirements.

Why Hire a Workers’ Compensation Attorney?

Dealing with the legal process while recovering from an injury can be stressful. A skilled attorney can make a major difference in your case.

Level the Playing Field

Employers and insurers have lawyers protecting their interests. An attorney ensures your rights are defended and prevents unfair claim denials or low settlements.

Maximize Your Benefits

Attorneys calculate the true value of your case, including lost future earnings, medical expenses, and potential third-party claims, ensuring you don’t settle for less than you deserve.

Handle Complex Procedures

They manage paperwork, deadlines, and evidence collection, letting you focus on recovery while they handle your claim or appeal if your benefits are denied.

No Upfront Fees

Most workers’ comp lawyers work on a contingency basis—you only pay if they win your case. This makes experienced legal help accessible to everyone.

Moving Forward After a Life-Changing Injury

A serious workplace injury can leave you facing physical pain, financial stress, and emotional challenges. But you’re not alone. Knowing your rights under workers’ compensation, exploring SSDI options, and pursuing third-party claims can help secure your future.

At Oxner + Permar, we’ve helped countless injured workers across North Carolina protect their rights and get the benefits they deserve. We understand the challenges that come with long-term disability and will fight to make sure you get the medical care, financial support, and peace of mind you need to move forward.