Practice Areas
Personal Injury Car and Automotive Accident Motorcycle Accident Truck Accident Dog BiteSlip and Fall Accident Wrongful DeathPedestrian Accident Construction Site Accident Premise Liability Workers Compensation Temporary Disability Medical TreatmentPermanent Disability Cumulative Trauma Injury Award or Settlement Denied ClaimsThird Party Claims
What is Permanent Disability?
Permanent Disability benefits are designed to compensate employees who have sustained permanent functional impairments or limitations as a result of their work-related injuries. Unlike Temporary Disability benefits, which are meant for short-term recovery, PD benefits address long-term or lifelong disabilities.
Determination of Permanent Disability
Medical Evaluation:
The Primary Treating Physician (PTP) assesses the injury and any permanent impairment. For disputes or detailed evaluations, a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) provides an independent medical review.
Disability Rating:
Permanent Disability is expressed as a percentage, reflecting the impairment's impact on work ability. The rating is based on AMA Guides and adjusted for the injured body part, occupation, and age.
Rating Formula
A Permanent and Stationary (P&S) report is created when the condition stabilizes with no further improvement expected. It details permanent impairment levels and necessary work restrictions.
Permanent and Stationary (P&S) Report:
When the condition stabilizes with no significant improvement expected (Permanent and Stationary), the treating physician prepares a P&S report detailing impairment levels and necessary work restrictions.
Disability Rating Schedule (DRS):
The Disability Rating Schedule converts the medical impairment rating into a PD percentage, factoring in the injury, occupation, and other elements. This final rating determines the amount and duration of PD benefits.
Benefits Calculation
PD benefits are calculated based on the disability rating and pre-injury wages:PD Rating Percentage- Determines the number of benefit weeks.Weekly Benefit Rate-Usually two-thirds of average weekly wages, within state-mandated limits.Payment Schedule-Paid weekly until the full amount is disbursed.
Important Considerations
Apportionment- Compensation is only provided for the portion of the disability caused by the work injury, excluding pre-existing conditions.
Vocational Rehabilitation- Employees unable to return to their job due to disability may receive assistance in finding alternative employment.
Disputes- Employees can request a hearing with the Workers' Compensation Appeals Board (WCAB) to resolve disagreements over PD ratings or benefits.
Vocational Rehabilitation- Employees unable to return to their job due to disability may receive assistance in finding alternative employment.
Disputes- Employees can request a hearing with the Workers' Compensation Appeals Board (WCAB) to resolve disagreements over PD ratings or benefits.
Filing for Permanent Disability
Report the Injury- Ensure the injury is reported and documented through the workers' compensation claim process.
Medical Documentation- Complete all medical evaluations with thorough and accurate reports.
Legal and Administrative Support -Consult a workers' compensation attorney if there are complexities or disputes regarding PD benefits.
Medical Documentation- Complete all medical evaluations with thorough and accurate reports.
Legal and Administrative Support -Consult a workers' compensation attorney if there are complexities or disputes regarding PD benefits.
