What Is Odd-Lot Permanent Total Disability and How Can It Be Proven?

From a medical standpoint, a permanent disability that affects 100% of your body is pretty rare.

You’ve likely heard the term ‘permanent total disability’, especially in relation to a workers’ comp claim. It’s used to describe a severe case where the injured worker’s condition prevents them from not just going back to their initial job, but even finding another type of employment.

However, from a medical standpoint, a permanent total disability, meaning a disability that affects 100% of your body is pretty rare. You may just have a disability that may not affect your day to day life all that much but stands in your way of holding a job. This is known as an ‘odd-lot’ permanent total disability.

What Does an Odd-Lot Disability Look Like?

Odd-lot permanent total disabilities can come in different forms. Usually, your doctor will give you a permanent medical restriction after assessing your case and testing you to see how much the injury has impacted you.

For example, you can have an odd-lot disability if your medical condition doesn’t allow you to work more than 2-3 hours a day. Only working for 2-3 hours is a great impediment in finding a job in any labor market, but particularly a job that would give you enough money to support yourself. So you can technically still work, but because of your disability, you will reasonably not find a job to accommodate you.

How Do You Prove You Have One?

Your doctor may not explicitly say you cannot work, but describe your restrictions instead, such as the rule about only working for 2-3 hours a day. This stage generally is not enough to prove you have an odd-lot disability, however.

There is an issue here with how odd-lot disabilities are proven because they are not a black and white issue. You need to show that because of your disability, you cannot find employment. Naturally, the insurance company will claim otherwise, so what do you do?

Consider these 3 steps:

1. Apply for Jobs

The first thing you need to do is to start applying for jobs based on your training, skills, and experience. Volume may be key in this case.

2. Keep a Record of All Your Applications and Rejections

The insurance company won’t take you at face value that you didn’t find a job because of your condition, so keep a journal of all your job applications and rejection.

3. Discuss Your Claim With a St. Louis Worker’s Compensation Attorney

Lastly, consider working with a good lawyer for additional support in proving you have an odd-lot disability. You may need additional evidence to prove it, and a St. Louis workers’ compensation lawyer can help you gather it or understand what your other options are.

St. Louis Workers’ Compensation Attorney

Have you been injured at work and have an odd-lot disability the insurance company is dismissing? Reach out to a St. Louis workers’ comp lawyer now to fight back their dismissal and get the benefits you are entitled to.

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Updated: October 13, 2020