Most people who are injured or suffer bodily damage at work eventually find it possible to work again, even if it takes some time to recover. With an approved claim, they can receive coverage of their medical costs and temporary payments from their employer’s insurer. However, in other cases, going back to work in any capacity simply is not possible. In that case, learning more about how to navigate the complex procedures of permanent disability workers’ compensation benefits is crucial.
When your doctor decides your injury or illness has stabilized and no change is likely, he finds that you are permanent and stationary (P&S). The doctor finds whole person impairment, which is converted to a PD percentage. How are PD benefits determined? A doctor decides if your injury or illness caused a Permanent Disability (PD). The doctor’s report is then turned into a PD rating.
While not all injuries with a permanent effect will result in complete paralysis or similar difficulties, you may still be eligible for permanent disability workers’ compensation benefits if you have suffered from one of the following as a result of a workplace incident:
While these injuries are all devastating, they do not necessarily all mean that you will receive maximum benefits. Instead, a doctor will determine your disability rating which is adjusted for age and occupation, which can determine your compensation.
As noted above, a doctor must assess your injuries and how much they affect your ability to work in your job or any other job in the market. The doctor takes into account whether your condition has stabilized enough that it won’t improve or get worse thus deeming you permanent and stationary.
The doctor’s opinion is based on assessing each injury separately based on its affect on your ability to work. So, if you suffered joint injuries, burns and the loss of a limb due to an industrial accident, the medical examiner would be asked to analyze each one separately.
In addition, you or your legal representative may disagree with an examiner.
You do have the ability to contest the medical examiner’s findings with the help of a workers’ compensation attorney asking a judge to assign you a new medical examiner based on the facts of your case regarding his findings with regard to whole person impairment, temporary disability and/or future medical care.
If you feel that your employer’s insurance company is not treating you fairly or that you may not be getting the compensation that you deserve, you should consider working with someone who will fight on your behalf. The consequences of even a few dollars difference multiplied by 104 weeks (which is the maximum of temporary disability payments) in a year and the number of years you will receive payments can be thousands of dollars.
Consider working with people who understand the confusing distinctions regarding partial versus total inability to work and how they affect benefits. The workers’ compensation attorney who established the California Work Injury Law Center has a decade of experience helping former employees get the maximum compensation that the facts of their case merit.
To learn more about what possible avenues exist for your claim and how to obtain temporary or permanent disability benefits in California, contact our experienced lawyer today for a no-cost consultation. We offer confidential reviews and will provide a plan of how you can preserve your rights and obtain the compensation that you deserve. Call or fill out the short contact form today.
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