Permanent Disability
Most individuals who have sustained a work-related injury recover can return to work either right away or after taking some time to heal. However, sometimes an illness or injury is so severe that the person is disabled permanently and cannot return to their regular duties or work. The permanent injury can be traumatizing emotionally, physically and financially. In these cases they may need a permanent disability lawyer in Van Nuys.
In California, the law requires employers to cover the medical treatment for workers who have been hurt on the job. However, that obligation does have limitations when the person has reached their maximum medical improvement, meaning that they will not see any more progress in their condition, and the coverage shifts.
If the person is totally disabled, they may be eligible to receive permanent disability (PD) benefits for life. Under California law, PD benefits may be paid to a person when their illness or injury impacts their ability to earn a living. They may qualify for these payments even if they can return to work.
This may also qualify them for other programs like Social Security Disability. However, to have a smooth claim filing experience, you should hire a lawyer for permanent disability benefits.
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Eligibility for PD is typically established by medical proof from a doctor or specialist who maintains that, in their professional opinion, the individual has reached their maximum medical improvement (MMI). This usually means that the person’s recovery or healing has reached a plateau. They are unlikely to see any more improvement beyond that point within the next year, even if they continue to receive medical treatment.
At that point, the person’s temporary disability benefits will end, and PD benefits will start. They qualify because the extent of the harm done by the illness or injury has caused permanent physical or mental limitations and is extremely unlikely to improve.
The total amount that a qualified person can receive for their permanent physical or mental disability is determined by the degree or extent to which the individual is disabled. This information will place them into one of two PD categories.
Total Permanent Disability – Most of the time, a person qualifies for this type of benefit if their doctor has determined that they will most likely never can work in any capacity for life. This uncommon outcome is typically seen in cases of extreme injury such as blindness in both eyes, total paralysis, and loss of the use of both legs and arms. It can also be awarded in severe cases of a traumatic brain injury or other conditions that significantly impact the person’s cognitive abilities.
Partial Permanent Disability – If a PD is less than 100%, it is considered a partial disability. It means that the person can still work, but not at the level of efficiency and skill they exhibited before they were hurt or sick, and their earning capacity has been affected.
The Permanent Disability Rating Schedule, or PDRS, determines the amount of compensation a person receives if they are permanently disabled due to a work injury. It employs several factors to arrive at a final amount.
It analyzes how the injury impacts the person’s ability to work instead of how it affects their daily lives. It looks at several key elements:
- Type of injury
- The victim’s age
- The type of job they performed
- The change in the person’s future earning capacity
The whole person impairment rating from the person’s doctor is adjusted to determine their level of work-related impairment using a formula established by the Department of Industrial Relations. This formula increases the impairment rating by 40% to arrive at the final impairment rating.
To illustrate, if a person’s doctor gave them a whole person impairment rating of 20%, the PDRS will, in turn, increase that percentage by 40%.
40% of 20% is 8%, so 8% is added to the 20% bringing it up to 28%.
The PDRS is used to adjust that percentage based on the part of the injured body and the type of job the person performed.
This means that some people have a greater degree of impact or disability because of the type of work they do. In other words, if computer work is the primary focus of a person’s job, they will be more significantly impacted if their hands are injured than if their legs are injured.
The individual’s age is also considered. An older person is less likely to be able to go through the training and skill enhancements to start a new career. This limitation can also increase their level of impairment.
All these considerations can become a little less complex if handled by a Van Nuys permanent disability attorney at our firm.
California law determines PD benefits, how they are calculated, and the amount awarded. According to the law, the benefits are determined by evaluating some detailed data:
- The date of the injury
- The impairment level was determined by the primary treating doctor or physician (who is a QME)
- The person’s percentage of impairment
- A formula that calculates the impairment percentage, age, and occupation of the person
The judge or disability evaluator will calculate the amount of PD the person is qualified to receive based on the formula.
If the injury date is on or after January 1, 2013, the PD rating will not include the person’s future earning capacity. It also does not allow them to receive additional PD for sexual dysfunction or sleep disorders that are not a direct result of the injury named in the claim.
Additional PD may be available for psychiatric injuries, but that is limited to cases that involve a traumatic event such as a catastrophic physical injury, or the injured worker was a witness to or victim of a violent crime.
Once a person receives their PDRS rating, it will be translated to a dollar amount. PD benefits are determined by calculating two-thirds of the person’s average weekly wage. If it is determined that a person’s work-related injury has caused them to be permanently disabled, their first payment for PD will be issued within 14 days of their final TD payment. A person can receive PD payments even though they return to work. It is not necessarily based on their ability to work but on the difference in earning capacity before and after the injury. Van Nuys permanent disability benefits through workers’ compensation lawyers can be achieved efficiently in comparison to a case prepared by a layman.
Let Our Permanent Disability Lawyer Work With You To Get The Compensation You Deserve
It is challenging to navigate the laws and regulations surrounding workers’ compensation in California. Our permanent disability attorneys in Van Nuys are here for you. You can count on the experienced Van Nuys permanent disability lawyers at the Law Offices of Hussain & Gutierrez. We strive to help people who are denied disability, long-term care and health insurance. Our team can provide money for you and your family during this trying time where you can no longer work. Your case will be in the safe hands of our legal team, so call today for your free consultation and get the professional and knowledgeable representation you deserve.
Have a question? Ask our permanent disability lawyer in Van Nuys
The amount of income you receive from the Social Security Disability program depends on the type of claim you have filed, your earnings and your withholding tax. The average amount of SSDI benefit is $1,197.
If you are a legal foreign worker, you can apply for SSDI because you have been paying the taxes in the country.
Unavailability of medical evidence likely will result in denial of your claim.
To prove permanent disability you are required to submit a medical certificate from your doctor which states that you have reached the maximum medical improvement and there are no chances of recovery.
You are required to inform your employer and file a claim for permanent disability within 30 days of reaching maximum medical improvement.
