Can I Get Permanent Disability Benefits After a California Work Injury?

 Posted on April 28, 2023 in Workers' Compensation

Workplace injuries can happen to anyone at any time, and some injuries can be so severe that they may permanently affect your ability to return to work or pursue employment in jobs you have held in the past. While some injuries may result in total disabilities that prevent you from working at all, others may lead to partial disabilities that limit your employment opportunities. Fortunately, workers' compensation is available for people who suffer work-related injuries, and depending on the severity of your injury, you may be eligible for permanent benefits that will address disabilities caused by a work injury. By understanding how these benefits are addressed by the California Division of Workers' Compensation (DWC), you can take steps to protect your financial interests and move forward as you recover from your injuries.

PD Benefits Through California Workers' Comp

Workers' compensation will provide medical benefits following a work injury, and all medical treatment you receive will be fully paid for. You may also receive temporary disability benefits that will address the difference between what you earned before you were injured and what you can earn while recovering. Once you recover as much as possible, you may be able to receive permanent disability (PD) benefits if any lingering issues affect your ability to work.

Permanent disability benefits will be addressed once your primary treating physician determines that your condition is permanent and stationary (P&S) and that you have reached the point of maximal medical improvement (MMI). Your doctor will submit a P&S report to the DWC that will detail the specific medical issues that continue to affect you, whether you will be able to return to the position you held before your injury, any work restrictions that may affect you, and the types of future medical care you will need. This report may also address whether your work injury entirely caused your disability or whether other factors may have caused you to become disabled, such as pre-existing conditions.

The DWC will then determine a PD rating that will be used to calculate the amount of your permanent disability benefits. The PD rating will be based on the P&S report, as well as factors such as your age, your occupation, and whether work-related issues or other factors caused your disability. The PD rating will be a percentage that indicates the amount you are disabled. A 100 percent rating means that you are totally disabled, but these types of ratings are rare. Most PD ratings are between 5 and 30 percent.

The PD rating will be used to calculate the total amount you can receive in disability benefits based on your average weekly wage and other applicable factors. You may be able to receive these benefits as ongoing payments or as a lump sum. When your workers' compensation claim is resolved through a settlement, you may receive a lump sum through a compromise and release (C&R), or you may request a stipulation that will allow you to receive payments over time that will also address your future medical treatment.

Contact Our San Benito County Workers' Comp Lawyers for Permanent Disability Benefits

A work-related injury can have serious consequences on your life, your career, and your family's finances. If you have sustained a work injury that has led to permanent impairments, you will want to make sure you take the correct steps to receive permanent disability benefits through workers' comp. The process of filing a workers' compensation claim can be complex, but with the help of a Santa Clara County permanent disability benefits attorney, you can make sure you will be able to receive the full amount you deserve. To learn how Cramer + Martinez can assist with your workers' comp claim, contact us at 408-848-1113 and arrange a free consultation.

Sources:

https://www.dir.ca.gov/dwc/PermanentDisability.htm

https://www.dir.ca.gov/dwc/FactSheets/FactSheet_D.pdf

https://www.dir.ca.gov/injuredworkerguidebook/chapter7.pdf