No one expects to receive a severe life-altering injury at work.
In Virginia, individuals who are permanently unable to work due to a workplace injury may be entitled to permanent total disability (PTD) benefits. Eligibility for PTD benefits depends on the injury and rigorous adherence to Virginia's workers' compensation procedures.
At Ackerman & Falcon, our experienced attorneys navigate Virginia's complex workers' compensation system on behalf of clients. If you've been hurt at work, let us help you.
What Types of Injuries Qualify for Permanent Total Disability Benefits in Virginia?
Virginia statute limits PTD benefits to three types of severe injuries that occur as a result of a workplace accident:
- The loss of or the loss of use of two or more limbs, such as both hands, both arms, both feet, both legs, both eyes, or two different limbs.
- An injury that results in total paralysis.
- A severe brain injury that results in the individual becoming permanently unemployable.
If you have experienced one of these catastrophic injuries, a claim for PTD benefits may be filed with the Virginia Workers' Compensation Commission (the Commission).
Applying for Permanent Total Disability Benefits in Virginia
For the best chance of success, a claim for PTD benefits must meet Virginia's procedural requirements, such as:
- An applicant for PTD benefits must provide written notice of their injury to their employer no later than 30 days after the injury.
- A claim for PTD benefits must be submitted to the Commission within two years of the date of injury.
- Claims should include medical and vocational evidence.
Too often, employers and their insurance carriers try to avoid paying PTD claims. If your claim is denied, it may be necessary to pursue a hearing with the Commission. If the Commission denies a claim for PTD benefits, the decision may be appealed to the Virginia Court of Appeals.
Your Permanent Total Disability Claim is Our Priority
At Ackerman & Falcon, we help injured workers apply for PTD benefits. From preparing the claim to collecting supporting evidence, our experienced workers' compensation attorneys can partner with you in the fight for PTD benefits.
If your PTD benefits have been denied, you may be able to appeal. It's never too late to secure help. Call Ackerman & Falcon today at 703-288-1400 or schedule a free consultation online.










