Maison Law advocates on behalf of victims who are permanently disabled from a work-related accident. If you or a loved one has suffered a permanent injury at work, the workers’ compensation attorneys at Maison Law can ensure your right to recover the full amount of damages you’re owed from workers’ compensation and the parties responsible for your injury. Contact Maison Law today for a free consultation and case evaluation.
What Benefits Can I Receive for a Permanent Disability?
One of the most stressful aspects of being injured in a work-related accident is realizing you won’t ever fully recover from your injuries. Getting diagnosed with a permanent disability is not something anyone pictures happening to them in their lifetime, but the sad truth is that it happens more often than you think. According to the Center for Disease Control, 7% of adults in the United States suffer from an independent, living disability that makes it difficult to do daily tasks without assistance.
Fortunately, workers’ compensation provides permanent disability benefits to those who have sustained permanent limitations due to a work-related injury. Unlike temporary disability benefits, which pay injured employees for the wages they lost while recovering from injuries, permanent disability benefits are for those who are not likely to make a full recovery from their injuries. Permanent disability benefits are intended to pay for loss of “future earning capacity,” which is calculated anywhere from 0% to 100%, depending on the victim’s ability to rejoin the workforce.
The minimum amount a person can receive for permanent disability in California is $203.44 per week, and the maximum is $1,356.31 per week. However, permanent disability payments will be two-thirds the amount of the victim’s weekly wage before they became disabled.
Types of Permanent Disability Benefits
California’s workers’ compensation system offers two types of permanent disability benefits. These benefits include:
- Permanent partial disability: people deemed partially disabled with a rating of below 100% are entitled to weekly payments at an established amount. The higher your disability rating, the more money you will be able to collect.
- Permanent total disability: if you become 100% disabled from a work-related accident, then you’re entitled to weekly payment for the rest of your life. You may also be able to receive a lifetime pension if your disability rating is between 70% and 90%.
How Do I Get Permanent Disability Benefits in California?
Permanent disability benefits cannot be considered until after temporary benefits have been exhausted by the injured victim. Once temporary benefits have been exhausted, the injured victim’s injuries will be evaluated by an approved physician to determine if they’ve reached Maximum Medical Improvement.
Once you’ve reached MMI, your ability will determine if you can return to work on a restrictive basis or if you’re ready to completely return to your regular duties. Also, your employer will consider your physical restrictions before deciding to offer you “modified work.” Modified work means you will only be required to do a portion of your usual duties. If modified work is unavailable for your specific job, then your employer may choose to offer you “alternative work.”
This equates to a different type of work with the same rate of pay and employment location.
If you have reached MMI and you still have physical limitations due to your work-related injury, then you must prove the following to recover permanent disability benefits:
- Your injuries came from your job doing a work-related activity
- The nature and severity of your injuries or illness has resulted in permanent disabilities
- Your disability prevents you from returning to work
Contact a Workers’ Compensation Lawyer in California
It can be difficult to secure permanent disability benefits, which is why it is essential to have a workers’ compensation attorney on your side. Maison Law is committed to giving accident victims effective legal counsel to collect the benefits they are owed due to an accident at work.
Whether you’ve suffered permanent injuries, have been denied medical treatment, or need more from your permanent disability benefits, our firm is prepared to exercise the full extent of the law to recover the damages you are owed.
Contact Maison Law today for a free consultation and case evaluation. There is no upfront charge for our legal services and you will not be charged a cent until we’ve won your case.
