Under New York law, permanent total disability, or PTD, refers to the benefit to which an employee is entitled if he or she is permanently and totally disabled from the ability to work. PTD can also refer to the disability itself.
A PTD benefit is usually only paid if the employee is unable to work at his or her previous position, or any occupation for which he or she is suited by experience, education or training. Injured employees can collect permanent total disability payments from their employer’s worker’s compensation insurance whether or not the employee files a personal injury lawsuit.
If the employer or another party caused the worker’s disability, he or she may take legal action regardless of any PTD benefits he or she may be receiving.