In California, workers who are injured on the job and receive workers’ compensation benefits will receive treatment to help them recover.
Unfortunately, depending on the severity of the injury, there may be a limit as to how much they can improve. In some cases, they could be classified as having a permanent disability.
Permanent disability does not always mean the worker is completely disabled. They might be able to do some type of work, just not at the same level they did before the injury.
For these workers, it is important to understand the benefits they can get. In some cases, it may be preferable to settle the case.
Understanding how a permanent disability case can be settled
Rating the severity of the injury is key to the amount an injured worker who has been classified as permanently disabled will receive.
The workers’ compensation board considers:
- The medical condition
- When the injury happened
- The workers’ age at the time of the injury
- What they did for a living
- If the disability occurred because of the job or due to other factors
The board uses a mathematical formula in its determination. If, for example, a person is rated at 100%, they are totally disabled. Anything less is a permanent partial disability.
For many workers, it is preferable to settle the case.
Once the rating has been given, the claims administrator might make a settlement offer.
Having legal help is key with negotiating a settlement
Since the settlement negotiation has a significant impact on the benefits the worker will get, it is important to be protected. Making a mistake can harm the worker’s future and deprive them of workers’ compensation payments they otherwise might need. In any case regarding workers’ compensation, it is vital to have professional guidance throughout the process.
