Let Us Help You File for or Defend a Denial of Permanent Disability Benefits
When a worker is injured on the job, permanent disability payments are designed to compensate a worker for the loss of future earning potential caused by the job injury’s long-term effects. However, there are many forms to fill out, doctors visits to sit through, and potential complications to be prepared for. You might also receive a denial of benefits you have every right to receive.
The best way to keep this process as simple as possible is to work with a Board Certified Workers’ Compensation Specialist by the State Bar of California. You can reach us easily by calling DLC Law at (626) 285-8815.
A worker is deemed partly disabled if his or her disability rating is less than 100 percent. For a specified length of time, depending on the injury, the worker will be eligible for weekly compensation.
An injured worker is considered permanently completely disabled if he or she is 100 percent impaired. In this instance, the worker is entitled to weekly compensation for the remainder of his or her life at the temporary disability rate.
An injured worker is entitled to a life pension if his or her disability rating is between 70 and 99 percent. Due to the greater level of impairment, the worker will get an extra sum for the remainder of his or her life once the weekly partial disability benefits cease.
How permanent disability ratings are determined
The treating doctor will eventually declare that the injured worker has attained permanent and immobile status. This indicates that the worker’s health will not improve. The doctor can evaluate the extent of permanent impairment now that the worker’s health has stabilized.
A doctor determines a rating for each area of the body that was damaged at work while calculating a permanent disability rating. When a doctor assigns an impairment percentage to an injured worker, it is translated into a permanent disability value. The California Permanent Disability Rating Schedule is used for this (PDRS).
Once a rating has been established, it must be translated to a monetary value using a formula included in the Labor Code. Two-thirds of the worker’s typical weekly salary is used to calculate the California permanent disability rate.
However, the maximum amount is far less than the estimated rate of most workers. The maximum permanent disability rate has been $290 per week since 2014.
If an injury results in permanent disability, the injured worker should get his or her first permanent disability payment 14 days following the final temporary disability payment. It isn’t paid when an injured worker is on temporary disability.
Even if the insurance company has no idea how much permanent disability the wounded worker would get, they should estimate it and make payments based on that figure. Permanent disability payments are paid every two weeks.
What to do if you don’t agree with the permanent disability rating
An injured worker might request that a new doctor assess him or her to establish his or her status if he or she feels the treating doctor did not issue the right permanent disability. This is referred to as a med-legal examination.
We can assist in requesting a Qualified Medical Evaluation (QME) or an Agreed Medical Evaluation (AME).
There is the option of having a trial on the matter if there are two competing medical reports on the amount of permanent impairment. The wounded worker can speak about the accident, and the court will examine medical findings and documents before determining the amount of impairment.
If you are considering filing for permanent disability or need assistance with an in-process claim, contact DLC Law at (626) 285-8815 for help.