You are most likely to receive permanent disability benefits under California law if your disability is work-related, meaning your disability must have arisen as a direct result of performing the duties of your job.
If you are injured at work, your employer’s workers’ compensation insurance company will pay you benefits, whether or not your employer was negligent. These benefits can include payment for medical expenses and temporary or permanent disability benefits for total or partial disability.
It is important to know whether your condition actually qualifies as a permanent disability and what type of compensation you may be eligible for depending on the level of your disability.
What is a permanent disability under California Workers’ Compensation Law?
Permanent disability occurs when the doctor treating you for an injury or illness caused by your work determines that you will never recover.
If you are receiving treatment and your doctor determines that your condition has stabilized and will not worsen or improve, you will be classified as “Permanent and Stable (P&S).” Your doctor will determine that you have reached “maximum medical improvement” and write a P&S report that states:
Your health problem and the level of disability and pain it causes; Your work limitations and whether you will be able to return to work; Any ongoing medical care you will need; An estimate of how work-related your disability is.
The evaluation will be based on a number of factors, including the magnitude of the impact of the nullification.
A disability status is measured as a permanent total disability if rated at 100%, or a permanent partial disability if rated between 1% and 99%.
What conditions typically qualify as permanent disabilities under workers’ compensation?
Conditions that are often classified as permanent disabilities in California include:
Traumatic brain injury Paralysis Blindness or deafness Amputation/limb loss Joint injury Nerve injury Spinal cord injury Burns
Depending on the effect your disability has on your ability to work, you may be classified as permanently partially disabled or permanently totally disabled. This classification affects how long you will receive permanent disability benefits.
How much are permanent disability benefits available under California law?
If you qualify for permanent disability benefits due to a work-related injury, California workers’ compensation laws will determine the amount you are entitled to receive.
If you are permanently totally disabled, you can receive benefits for the rest of your life. Benefits are usually equal to 2/3 of your average weekly wage before the injury, but states set minimum and maximum benefits.
If you have a permanent partial disability, the amount paid is usually 2/3 of your average weekly wage. However, the number of weeks you receive benefits depends on the percentage of your permanent disability. California’s Workers’ Compensation Tables can help you determine how many weeks of benefits you are eligible to receive based on your PD rating.
Remember, it is up to you to prove that your injury was work-related to receive these benefits. A workers’ compensation lawyer can help you file for permanent disability workers’ compensation benefits in California and give you the best chance of receiving the money you need.