Maison Law helps injured workers in California with their workers’ compensation claim. Even though every injury is different, some are much worse than others, and could mean the end of your working career. Still, you have certain resources available in this situation, and our team can help you understand them. Contact us today for a free consultation.
How is a Career-Ending Injury Evaluated in a Workers’ Compensation Claim?
There’s no denying that an injury at work is a very difficult situation, but this takes on added importance when it’s serious. And it’s even more serious when you can’t work anymore. At the same time, it can be pretty difficult to assess such an injury, because the same injury that’s relatively minor for some could be career-ending for others.
Another way to look at a “career-ending” injury is as a “permanent disability.” Now, your employer’s workers’ comp carrier has benefits that you can access for this, but there’s a few important points that you’ll need to go through:
- Medical evaluation – After your injury, you will need to see a doctor (a Qualified Medical Evaluator or QME) for a detailed exam. This visit will be critical in assessing the severity of your injury and how it impacts your ability to work. The doctor will check your physical condition and decide if you can recover or if the injury has caused permanent damage.
- P&S Report (Permanent and Stationary Report) – Serious injuries could mean that your condition isn’t expected to improve further, and workers’ compensation calls this “maximum medical improvement” or MMI. At that point, your doctor will write a P&S report that outlines your medical status and explains whether you can return to work, or if the injury has permanently impacted your ability to do your job. For career-ending injuries, the report will likely confirm that you’re unable to work the same job or way again.
- Rating – After the P&S report, your injury will be given a disability rating. This rating will note how much your injury limits your ability to work and live your life day-to-day. The higher the rating, the more serious your injury. This rating will help determine the amount of benefits or damages you’ll get in your claim.
Obviously, these aspects of your injury are pretty important. But it’s equally as important to look at what benefits you could get in a claim.
What Workers’ Comp Benefits Can You Get for a Career-Ending Injury?
Facing a situation where you’re injured to the point that you can’t work anymore is extremely scary. Any injury brings difficulty, but a career-ending injury or permanent disability situation is much more dire. A workers’ comp claim can soften this blow a bit by giving you certain benefits, depending on how well the claims process goes for you. In general though, you can get the following benefits in a workers’ comp claim for a career-ending injury:
- Medical expenses and bills
- Lost income and benefits from missed work
- Permanent disability benefits
- Job retraining
Even though these benefits are available to you in a claim, it’s still going to come down to your specific injuries and other factors. Especially in situations as serious as a career-ending injury, it’s vital to take the right steps to make sure you get the benefits you need.
How Can You Strengthen Your Workers’ Comp Claim After a Career-Ending Injury?
In the vast majority of workplace accidents, you probably won’t even know how injured you are at the time–let alone be able to figure out if it’s career-ending. But at the same time, because there’s still a claims process in place, you have to take certain steps to protect and strengthen your claim so you can get the most benefits possible. So, after an accident, here’s what you can do:
- Report the injury – Let your employer know about your injury as soon as it happens. Reporting it quickly helps ensure your claim gets filed on time and shows that you took the injury seriously.
- Get medical care – See a doctor as soon as you can. Quick medical attention connects your injury to your job and helps you get the treatment you need. Make sure to follow your doctor’s advice and treatment plan.
- Keep all your medical records – Keep copies of all your medical records, like test results, doctor’s notes, and treatment plans. These records prove how serious your injury is and how it affects your ability to work.
- Follow your treatment plan – Make sure to go to all your medical appointments and follow your doctor’s instructions. Missing appointments or not doing what your doctor says can weaken your claim.
- Get a second opinion – If you’re not satisfied with the assessment from the QME, you can get a second opinion from your own doctor. This can help confirm the extent of your injury.
- Document the injury’s impact – Write down how your injury impacts your daily life and work. This includes any pain you feel, inability to enjoy activities, and emotional challenges. This information can help show how your injury has changed your life.
- Get witness statements – If coworkers or supervisors saw your injury happen, ask them to write statements about what they witnessed. Their accounts can support your claim.
If your injury was caused by unsafe work conditions, or general negligence from somebody at work, you might be able to take the extra step of filing a personal injury lawsuit. This could give you further “damages” for pain and suffering and future medical costs, in addition to workers’ comp benefits. But overall, following these steps, you can make any claim you make stronger and increase your chances of getting the benefits you need after a career-ending injury.
Contact Maison Law For Legal Support After a Career-Ending Injury
When you get injured at work, you won’t know how serious it is right away–in most cases. However, the reality is that serious injuries could mean that your working career is over. This is a scary situation, but you don’t have to go through this situation alone. Maison Law and our team of California workers’ compensation lawyers will be there to guide and support you. Contact us today to set up a free consultation.
