Most California workers who sustain work injuries eventually recover. They return to their work and move on with their lives. Permanent disability is rare, but some people suddenly become incapable of working as they once did due to medical challenges.
Workers who sustain debilitating work injuries or who develop life-altering medical conditions because of their employment may be eligible for workers’ compensation benefits. They may need to pursue a disability claim.
The state may provide those with debilitating work-related injuries with permanent disability benefits that replace their lost wages. What do workers generally need to know about permanent disability benefits?
There are two types available
There are two categories of permanent disability benefits available through workers’ compensation in California. Some workers may be eligible for permanent total disability benefits. Those workers generally need evidence that they can no longer maintain any sort of gainful employment because of the medical challenges they face. They can be eligible for up to two-thirds of their average weekly wage before the injury.
Other workers may be eligible for permanent partial disability benefits. Those benefits can help offset the reduction in earning potential caused by their ongoing symptoms. In cases involving permanent partial disability, workers have to undergo extensive evaluation to determine the extent of their disability.
The state expresses the worker’s disability rating as a percentage. Both the overall amount of benefits and the duration of benefits can vary depending on the severity of the injury.
How do workers become eligible?
Permanent disability benefits are usually only an option when doctors determine that full recovery is unlikely. In most cases, a physician must declare that the injured California worker has achieved maximum medical improvement (MMI) or the injury must be severe enough that full recovery is obviously not an option. Amputation and paralysis might fall into that second category.
There generally needs to be medical documentation affirming the claim that an employee can never fully recover from the medical condition they developed because of their employment. The impact of the condition on their overall function as established through in-depth testing directly influences the benefits the worker may receive.
Employees facing high-value or complex workers’ compensation claims often need help. They need to learn about their rights and may need assistance navigating a relatively complex process. Those who have permanent injuries after a work incident may need help from a Los Angeles permanent disability lawyer while navigating the workers’ compensation system.