Permanent disability is a lasting injury from work duties that affects a person’s ability to earn a living. If a person’s injury or illness results in permanent disability, they are entitled to permanent disability benefits through workers compensation. The rules and process to obtain workers’ comp benefits for permanent disability can be complicated. Workers must undergo a medical and legal process to prove their medical condition is not likely to change and that it either totally prevents them from working or limits their ability to work. However, insurance companies are well-staffed with experienced lawyers who are dedicated to doing whatever they can to keep the company’s costs down. That includes denying or minimizing permanent disability benefits even for the tiniest errors in a claim.
If you have not made a total recovery from the injury you sustained at work and you may not ever, you could be eligible for permanent disability benefits. You must protect your rights by being well-informed. Talk to an attorney for more information about Tulare County permanent disability workers’ compensation claims.
Despite what some may assume, in most cases permanent disability benefits do not last forever. They are limited. Further, they do not cover all of a person’s lost income, and they do not cover losses unrelated to work. The amount a worker can receive is dependent on proving the extent of their disabilities. An attorney with experience in successfully filing permanent disability workers’ compensation claims in Tulare County could help you collect as much proof as possible.
The insurance claims administrator will determine how much to pay based on the worker’s disability rating, the date of their injury, and their wages before the injury. Importantly, sometimes claims administrators will provide a settlement offer to the worker. Settlements can have different conditions that a worker should review carefully. They may offer to agree either to one payment or to several payments over time. That stipulation can affect whether the claims administrator will handle payments to your doctor or if it will be the injured person’s responsibility to handle those bills. An attorney should review the settlement offer before a person accepts it.
If a worker has not totally healed after receiving temporary disability benefits yet has reached maximum improvement, their physician will write a Permanent and Stationary (P&S), or Maximum Medical Improvement (MMI) report. The P&S (MMI) report documents the worker’s medical condition, work restrictions, and future care recommendations. The report should be detailed and contain special language to note the worker’s disability. The worker has a right to review the report and should do so to ensure they agree with the doctor’s assessment. The report has a significant effect on the benefits the worker can receive. Information that is not included, as well as the lack of certain terms, can also affect benefits.
If the worker disagrees with the doctor’s report, they can seek the opinion of a Qulaified Medical Examiner (QME.) This report can override the initial doctor’s report.
It is important to consult with a Tulare County attorney if a person is unsure about how a permanent disability workers’ compensation claim can be affected by their doctor’s analysis of their injuries.
It can be scary to think about losing your job due to an injury you sustained while you were on the job. Discovering that you will not completely recover can be devastating. Luckily, workers’ compensation is a safety net for California workers. A lawyer with in-depth knowledge can walk you through the claims process and ensure that your claim is properly filed. Call our firm today for a consultation about Tulare County permanent disability workers’ compensation claims.
