Los Angeles Permanent Disability Attorneys
Workers’ Compensation Claims for Permanent Disability
In addition to temporary wage loss benefits and compensation for medical expenses, the California workers’ compensation system offers benefits to those who suffer permanent disabilities due to work-related injuries and occupational illnesses. These include both permanent partial disability and permanent total disability benefits.
Permanent disability benefits are relatively rare, and most insurance companies are extremely reluctant to pay out these claims. There is a strong chance that your permanent disability claim will be disputed or denied. We encourage you to work with the experienced Los Angeles permanent disability attorneys at our firm to improve your chances of a successful outcome. Since 2012, the Barkhordarian Law Firm has been fighting tirelessly for the rights of injured workers throughout the Greater L.A. Area. We have assisted countless individuals in successfully securing permanent disability benefits after devastating on-the-job accidents and work-related illnesses.
On This Page:
- What Is Permanent Partial Disability?
- What Is Permanent Total Disability?
- How Are Permanent Disability Benefits Calculated?
- What to Do If Your Permanent Disability Claim Is Disputed or Denied
What Is Permanent Partial Disability?
When an individual is injured and cannot work or is limited in the work they can perform after reaching maximum medical improvement (MMI), they are given a “disability rating” by their treating physician. Once an individual reaches MMI, their temporary disability benefits end; but if the individual can only work at partial capacity or cannot work at all, they can receive permanent disability benefits according to their disability rating.
A permanent partial disability is any medical condition that limits the individual’s ability to work and perform everyday tasks but does not prevent them from obtaining gainful employment entirely. In other words, if you are able to return to light-duty work or perform some other type of employment—even if it was not the job you had before you were injured—after reaching MMI, you may have a permanent partial disability.
What Is Permanent Total Disability?
To have a permanent total disability, you must either have a specific injury or continuous trauma injury that are generally considered to be permanently and totally disabling or a disability rating of 100% after reaching MMI. You can only receive permanent total disability benefits if your medical condition is expected to prevent you from working at all for the remainder of your life.
Some medical conditions that are generally presumed to be “totally and permanently disabling” include:
- Loss of vision in both eyes
- Complete paralysis
- The loss of use of both arms
If eligible for permanent total disability, you can continue receiving workers’ compensation payments indefinitely. These payments may be subject to minimum and maximum amounts, which are regularly adjusted according to the state’s average weekly wage.
How Are Permanent Disability Benefits Calculated?
Like temporary disability benefits, permanent disability benefits are calculated based on a percentage (two thirds) of your average weekly wage before being injured/becoming disabled with a cap per month depending on what year your injury occurred in. Permanent partial disability benefits are also calculated based on your disability rating up to 99.75%.
Minimum and maximum payments for permanent partial disability and permanent total disability differ. Additionally, if you have a permanent partial disability, your impairment or disability rating affects how long you can expect to continue receiving workers’ compensation benefits.
What to Do If Your Permanent Disability Claim Is Disputed or Denied
Insurance companies do not like to pay out permanent disability claims, as these claims are generally expensive, and benefits last for a long time. While it is slightly more common to receive permanent partial disability benefits, permanent total disability benefits are exceedingly rare.
That being said, if you believe you are entitled to either permanent partial disability or permanent total disability, but the insurance company is disputing or has denied your claim, reach out to our Los Angeles permanent disability attorneys right away. At the Barkhordarian Law Firm, we can help you understand your legal rights and fight for the fair benefits you are owed.
Our legal team has extensive experience helping injured workers navigate the California workers’ compensation system. We are passionate about standing up for your rights and can help you with every aspect of your claim.
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