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Legal Definitions - Permanent disability

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Definition of Permanent disability

Permanent disability refers to a lasting physical or mental condition that significantly and indefinitely limits an individual's ability to perform their job duties or engage in typical daily activities they could do before an injury or serious illness occurred. This condition is considered permanent because it is not expected to improve substantially over time. When such a disability arises from a work-related incident, it often qualifies the individual for specific compensation or benefits designed to help mitigate the financial impact of their reduced capacity to work.

  • Example 1: Construction Worker's Spinal Injury

    A seasoned carpenter suffers a severe fall from scaffolding at a construction site, resulting in a complex spinal injury. Despite extensive medical treatment and rehabilitation, the injury leaves them with chronic pain and limited mobility, making it impossible for them to lift heavy materials, climb, or stand for long periods – all essential tasks for their profession.

    Explanation: This is a permanent disability because the carpenter's physical impairment (spinal injury, chronic pain, limited mobility) indefinitely diminishes their ability to perform the core duties of their carpentry job, which they could do before the accident. The lasting nature of the condition means they cannot return to their previous work capacity.

  • Example 2: Accountant with Progressive Neurological Disorder

    An accountant develops a progressive neurological disorder that, over time, causes severe tremors and cognitive impairment. While they can still perform some tasks, the tremors make it impossible to accurately use a keyboard or write for extended periods, and the cognitive issues affect their ability to manage complex financial data and meet deadlines.

    Explanation: This illustrates a permanent disability through a serious illness leading to both physical (tremors) and mental (cognitive impairment) conditions. These impairments indefinitely reduce their capacity to perform the detailed and precise duties of an accountant and significantly impact their overall professional function.

  • Example 3: Professional Chef's Hand Injury

    A professional chef is involved in a serious car accident that results in significant nerve damage to their dominant hand. Despite multiple surgeries and years of therapy, they permanently lose the fine motor control and dexterity required for intricate food preparation, knife work, and handling hot pans, making it impossible to continue their career in a professional kitchen.

    Explanation: This example demonstrates a permanent disability because the chef's physical impairment (nerve damage, loss of fine motor control) is a direct result of an accident and indefinitely prevents them from performing the essential, highly skilled duties of their profession. The lasting nature of the injury means they cannot regain their previous functional ability in the kitchen.

Simple Definition

Permanent disability is a lasting physical or mental impairment that indefinitely diminishes a worker's ability to perform their job duties or normal activities, typically resulting from an accident or serious illness. If this injury is work-related, the permanently disabled worker may be eligible for compensation to account for their reduced capacity to work.

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