In Sacramento, Folsom and throughout California, workers who are injured on the job experience the same concerns as to what the future will hold. They think about their health, the medical treatment they will receive, how they will make ends meet, and if they will even be able to return to work at all.
There are two categories of disability benefits: temporary and permanent. Most injuries are categorized as temporary. Some, however, are permanent and the person can no longer work at all. When seeking permanent benefits, there are frequent areas that can lead to a dispute.
Understanding the criteria for receiving permanent disability and knowing what steps are available if there is a disagreement with the medical assessment are key parts of a workers’ compensation claim. Those who are in this situation have a great deal at stake and should know their options.
What should I know about permanent disability under workers’ compensation?
When people are injured on the job and receive workers’ compensation benefits, they will go through a treatment program. Permanent disability benefits are awarded if the person has injuries or is impacted in such a way that they have limitations in what kind of work they can do. People seeking permanent disability benefits need to be aware that they could lose some of the income they earned when they were working as it might not cover their entire pre-injury salary.
The treating doctor will assess the injured worker’s progress as it occurs. When the person stagnates and is not improving nor are they getting worse, they might be classified as permanent and stationary. Shortened to P&S, this refers to their maximal medical improvement. With MMI, the doctor will decide that the worker cannot get any better. This will affect the workers’ compensation benefits.
There will be a report detailing the specifics of the case. For example, if the worker suffered a back injury and it is hindering them from being able to bend over, carry items, stand or sit, then this could be permanently disabling. The medical report will detail the injury and the level of pain the person is suffering from.
Their work might be limited because of the injury. These are known as work restrictions. In the future, they could need to receive medical care. The doctor will evaluate whether the person can return to the same job as they did before. In the example of the back injury, it would be difficult for someone who worked as a laborer to return to that with the limitations that accompany the injury.
The P&S report is critical as it could mean the difference between getting permanent disability payments or not receiving them. If the worker claims they are unable to work and the medical professional disagrees, then the worker can challenge it.
Workers need to be aware of the importance of the rating. This formulates a percentage as to the level of disability and how much work the person can do. The rating hinges on the medical condition; when they were injured; their age at the time of the injury; what type of work they do; the “appointment” meaning how much of the injury was attributed to the job and how much was due to other issues; and the rating system that is used.
Workers’ compensation can address all challenges injured workers face
Whether the worker believes they are permanently disabled or not, it is essential to understand the entire workers’ compensation process to make sure they are getting all the benefits they are entitled to.
Because work injuries can vary in their severity and there are multiple factors that influence how they will be treated, knowing what payments they will receive, the extent of the medical care and their overall rights is imperative. Being protected includes having advice for the entirety of the process and dealing with any issues that arise.
