Permanent And Temporary Disability Benefits

A California worker who has been injured on the job is eligible for temporary total disability benefits if the claim has been accepted and he or she has been deemed disabled by a doctor. This is the law in California. Even if the injury was caused by you, you are still eligible to receive those benefits if your doctor says you cannot work as a result of the injury.

Disability Benefits Lawyer In San Diego

The Law Office of Leslie S. Shaw, A.P.C., in San Diego, California, can help you understand and access what you are eligible for in the claims process. Call 619-894-8543 for a free initial consultation.

Categories of benefits that may apply to your case include:

• Temporary disability benefits – These are payments that you receive for wages lost while recovering from a work injury. You can receive temporary disability benefits for up to a maximum of 104 weeks for any injury incurred after April 19, 2004, if your doctor agrees.
• Permanent disability benefits – When you receive a diagnosis of being “permanent and stationary,” it signifies that your condition has stabilized and is not expected to improve significantly. At this point, you become eligible for permanent disability benefits. These benefits are intended to compensate you for the lasting effects of your work-related injury, specifically the degree of disability that has been determined. It’s important to note that these payments do not cover pain and suffering, as workers’ compensation does not provide benefits for these types of claims. The amount of benefits you will receive is directly related to the extent of disability as assessed by medical professionals and defined by law. This ensures that the compensation you receive is reflective of the permanent limitations and losses you have incurred due to your workplace injury.
• Medical benefits – This is the treatment required to cure or relieve the effects of your work injury.
• Temporary partial disability benefits – These are payments that you receive if you can do some work while you are recovering from a work injury but are earning less than you were prior to the injury.

If a doctor says that you have made the maximum medical improvement possible, which means that you will not benefit from any more medical treatment, then you may receive a designation of permanent partial disability (PPD) or permanent disability (PD).

We can pursue the maximum benefits possible in your situation and seek to overcome any issues that may be preventing you from obtaining your rightfully deserved medical treatment benefits.

How To Get Permanent Disability In California

If you sustain a lasting disability from a work-related injury or illness, you may qualify for permanent disability benefits in California. It’s possible to get these benefits even if you can return to work once your temporary disability benefits end.

Once your medical condition stabilizes and is not expected to improve further, your doctor will declare your condition as permanent and stationary (P&S) or as having reached its maximum medical improvement (MMI). Here’s what happens next:

• Your doctor will prepare a P&S report with a “whole person impairment” (WPI) rating.
• This rating evaluates how much your disability affects your daily life and work abilities.
• Factors such as your age, occupation, and the specifics of your disability are considered.

This information helps determine your permanent disability rating, which indicates how much your earning capacity has been reduced. Ratings can range from 0% (no reduction) to 100% (completely disabled). Remember, PD benefits may not cover all lost income and are focused only on work capacity impacts.

If you disagree with the assessment, you have options:

• You can object to the report and request a re-evaluation from a panel of three qualified medical examiners (QMEs).
• If represented by a lawyer, you might opt for an agreed medical evaluator (AME).

Challenging a disability rating can be complex. At Law Office of Leslie S. Shaw, A.P.C., our knowledgeable attorney is here to help. We offer a no-cost evaluation of your case to ensure your claim is processed effectively.

Calm, Rational And Assertive Legal Presence On Your Behalf

Please call us at 619-894-8543. You may also e-mail us. We represent clients on a contingency fee basis. This means you do pay no attorney fees unless we secure compensation on your behalf.