Workers Comp Permanent Disability Part 1: Eligibility
Can I Get Permanent Disability Benefits in My Workers’ Compensation Case?
We know that no one asks to be permanently disabled – and that when you are injured you always hold out hope that you may someday recover. But, unfortunately, with some conditions further improvement is no longer an option at some point. When this is the case, we understand that you are very concerned about how you will continue to support yourself and your family.
Fortunately, permanent disability benefits are available to California workers who do not fully recover from their workplace injuries. We have helped hundreds of permanently disabled workers in California collect the Permanent Workers Compensation disability benefits – helping relieve some of their financial worry and stress.
Qualifying for Workers’ Compensation Permanent Disability
If your medical condition has “stabilized” – but you have lasting pain or limitations caused by your injuries, you may be eligible to receive long-term Permanent Disability benefits.
To qualify for Permanent Disability benefits in California, your physician must first make the determination that you have reached “maximum medical improvement” (MMI). This means that your doctor has determined that further medical treatment is not likely to improve your condition over the next year.
Workers’ Compensation Total Permanent Disability – Los Angeles Attorney
Permanent Disability means the end of temporary disability payments. Then, how much you will be entitled in Permanent Disability benefits will depends upon whether you have a total or a partial disability.
A total disability is so physically or mentally debilitating that you are not expected to be able to work in any capacity. The designation of total disability applies only to the most serious injuries, for example: blindness in both eyes; or loss of the use of both arms.
Workers who are considered to have total (100%) disabilities will be entitled to receive lifetime weekly payments, in the same amount as their temporary disability benefits.
Workers’ Compensation Partial Permanent Disability – Los Angeles Attorney
If you have anything less than a total (100%) disability, you are considered to be partially disabled. When a permanent, partial disability is determined, the amount of benefits you will receive will depends on something called a “Permanent Disability Rating” (Also called a “PD rating”).
The Permanent Disability Rating process begins with the medical report from your physician. If a dispute about your injuries arises, then an “impartial” doctor selected by you and your employer – called a “qualified medical evaluator” – will evaluate you.
The medical report will identify any physical or mental limitations that you still have as a result of your injuries. This report then goes through the rating process, which assigns a “percentage” to the doctor’s. This rating process employs a State Formula that takes into account your age, occupation, and ability to earn wages in the future.
Challenging a Workers’ Compensation Permanent Disability Rating – Los Angeles Attorneys
Because your PD rating is extremely important. You should read through your doctor’s report carefully with your attorney and identify any errors about your injuries, limitations, pain, etc. Should you disagree with anything in the report, your attorney has to let the insurance company know in writing within 30 days of receipt of the report.
Once you receive your PD Rating, if you disagree with it, your attorney can request a reconsideration of the summary rating from the Administrative Director of the California Division of Workers’ Compensation within 30 days.
Because the Permanent Disability Rating process is both complicated and somewhat subjective – and depend on several factors – it is important to have an experienced Disability attorney by your side. Your PD Rating (the percentage of disability you are assigned) will directly affect the amount of your benefits.
To see how PD Benefits are Calculated CLICK HERE.
We have helped hundreds of permanently disabled workers in California collect the maximum amount of Workers Compensation Permanent Disability benefits to which they are entitled. Call us today and we can help you understand the Workers Compensation Permanent Disability benefits for which you qualify.
