When an employee suffers a work-related injury that will not fully heal, they are likely entitled to workers’ compensation permanent disability benefits. These are payments to help compensate you for your injuries.
Pursuing a Fresno permanent disability Workers’ Compensation claim is complicated, and the stakes are high. The benefits you receive could make a huge difference to you and your family. Therefore, you should work with a workers’ compensation attorney to enhance your chances of receiving appropriate payments for your injury.
The workers’ compensation system recognizes two types of permanent impairment: partial permanent disability and total permanent disability. A person with a total permanent disability probably will likely not be able to return to the workforce, but an employee with a partial permanent disability might be able to return to work in some capacity.
A person with permanent total disability (PTD) has a disability rating of 100 percent, meaning their injury prevents them from working in any capacity. A doctor must certify that they have reached a state of maximum medical improvement, which means that further treatment is unlikely to result in a noticeable improvement in the worker’s condition.
Workers with PTD receive two-thirds of their weekly wage for the rest of their lives up to the statutory maximum. In some cases, the workers’ compensation program offers a lump sum to PTD recipients. There are often advantages to accepting a lump sum, but it is critical for a permanent disability benefits recipient to seek the advice of a capable attorney in Fresno to avoid settling for an inadequate sum.
Meanwhile, when a worker has a partial permanent disability (PPD), their injury prevents them from working full-time at their previous job. Eventually, they might be able to work part-time in their prior position, or their employer might find a full-time job that they can do despite their disability.
When the physician treating the injured worker determines that further treatment is unlikely to lead to improved functioning, the doctor issues a finding known as a whole-body impairment score. The physician finalizes this score off a set of published guidelines, making a decision based on how much the injury affects the functioning of the injured body part and how much the injured part affects the body’s overall health and functioning.
Then, the workers’ compensation program uses this physician’s whole body impairment score to determine an employee’s disability rating, along with other metrics like the worker’s age, job title, specific duties, and future ability to earn an income. Once the worker has a disability rating, a pre-set schedule determines how long they receive permanent disability benefits.
Establishing the disability rating is partly a matter of judgment and partly a matter of applying the existing workers’ comp guidelines correctly. Workers who believe their impairment score is incorrect could request an examination by another physician. Workers who disagree with their disability rating could work with a Fresno lawyer to challenge the rating and retain eligibility for permanent disability benefits.
If a worker receives a disability rating that is too low, they might receive payments for a shorter period than their injury merits. Therefore, if an injured employee believes their disability rating is a mistake, they should take swift legal action.
To challenge a permanent disability rating, a Fresno attorney assists you in obtaining a qualified medical examination.
Permanent disability payments offer injured workers a safety net. For instance, funds for a completely disabled employee could make the difference between remaining at home and becoming homeless.
A local attorney who works with Fresno permanent disability Workers’ Compensation claims could be an important ally as you fight for the payments you deserve. Schedule a consultation as soon as you realize your injury could lead to a permanent disability.
