If you get injured at work or get an illness due to work-related causes, you have the right to claim workers’ compensation benefits. There’s nothing more life-changing than getting up to hustle another day and going home with grievances, and sadly sometimes people don’t fully recover from these situations.
Some illnesses or injuries can negatively impact your life for the long-term, if not forever, meaning you can qualify for permanent disability (PD) benefits.
What Exactly Is Permanent Disability in Workers’ Compensation?
Disabilities that render you unable to work, function, or lead an everyday life make you eligible for the permanent disability benefits through workers’ compensation under California law. Some examples of what constitutes a permanent disability include the following:
- Traumatic brain injuries (TBIs)
- Spinal cord injuries
- Loss of limb
- Severe burns
- Total or industrial blindness
- Back, knee, and other joint injuries
- Neck injuries
- Hearing loss
- Respiratory diseases
- Cancer
Who Is Eligible for Permanent Disability Benefits and How Do You Qualify?
During your workers' compensation case, a Qualified Medical Evaluator (QME) or the Agreed Medical Evuluator (AME) who was assigned to your work claim will need to send a report containing your health status, which talks about whether you have reached the maximum medical improvement (MMI). This means that you have reached the full capacity of your recovery phase, so your condition cannot heal any further than this point.
By this point, all medical expenses and lost wages you missed should be paid for by your workers’ compensation benefits if you filed a claim. However, you will get additional benefits immediately when the report confirms your permanent disability.
What Are the Types of Permanent Disability Benefits?
This refers to the entitlement employees with PD receive either partial or total coverage depending on the severity of the condition. You can calculate the percentage of your permanent disability and how much it translates in terms of benefits in two categories:
- Partial Permanent Disability (PPD): Doctors who find your disability rating falling below 100 percent count as a partial disability, which allows you to reap weekly payments for an agreed period.
- Total Permanent Disability (TPD) - If the hospital agrees you are suffering from a 100 percent disability rating, then you are entitled to weekly payments for good.
You can calculate the exact amount of your weekly benefits by taking the percentage of your disability and applying it to two-thirds of your average weekly wages.
Understanding Your Rights and What Falls Under Permanent Disability Covered By Workers’ Compensation
Laws are volatile and can change without notice, especially with something as grave as a permanent disability, so having a lawyer is crucial in keeping you in the loop with your rights.
Are You Looking for a Workers' Comp Attorney in the Bay Area or Northern CA?
Dealing with legal work can be daunting, but as a worker, it's crucial that you understand your rights and how exactly workers' compensation can help you. For this reason, it's best to work with Pacific Workers’ The lawyers for injured workers.
We are committed to helping the hardworking people of Northern California receive the benefits they deserve. Book an appointment with us and call 800-606-6999 today for a free consultation!