Los Angeles Permanent Disability Workers’ Compensation Claims

If a workplace accident left you with a lasting disability that has cost you the opportunity to earn a living, you might be entitled to workers’ compensation benefits. A permanent disability claim could provide you with payments that replace your lost wages for the rest of your life, but only if you qualify.

Unfortunately, Los Angeles permanent disability workers’ compensation claims can be complicated. In order to maximize the benefits needed to replace your lost income, let our dedicated workers’ compensation attorneys advise you on this process.

What Qualifies as a Permanent Disability?

The workers’ compensation system offers benefits for a variety of conditions, and the most serious of these are known as permanent disabilities. These injuries and illnesses will last a lifetime, leaving the victim without any meaningful ability to earn a living. Even if the severity of their symptoms fluctuates over the years, a person who is permanently disabled will need ongoing care for the rest of their life.

In order to be considered permanently disabled, a worker’s physician must determine that the condition is “permanent and stationary.” In other words, all treatment options have been exhausted, and the patient has reached their maximum medical improvement. This means that no amount of care will improve the disability further.

Within 20 days of determining the worker has reached their maximum medical improvement, the treating physician must draft a report explaining that their condition is permanent and stationary. This document explains the patient’s disabilities and their extent, including specific impairments and any necessary future treatments.

Both the patient and the insurance company have the right to review the report and disagree with its findings. For example, the carrier might believe that the condition is not serious enough to warrant a permanent disability rating. Either party can request a qualified medical evaluator to give an expert opinion on any issues that are disputed within the report.

It is vital to have strong legal counsel during this process. While appealing a disappointing outcome is possible, having the support of our Los Angeles attorney may help improve your chances of success in your permanent disability workers’ compensation claim.

Total vs. Partial Disability

While all permanent disability claims are intended for conditions that will last forever, the scope of these injuries and illnesses can vary. Benefits are available for both total and partial permanent disabilities.

A total disability is a condition that is serious enough to prevent someone from ever earning a living again. These cases are rare and include traumatic injuries such as paralysis or blindness in both eyes. With a total disability, an injured worker is entitled to payments for the rest of their life.

A partial disability is any condition that does not completely render someone unable to work. A person with a partial disability is living with a lifelong condition, but they can return to the workforce in a limited capacity. The amount of weekly payments will depend on the extent of the disabling condition. The distinction between total and partial permanent disabilities can significantly impact Los Angeles workers’ compensation claims.

Speak With Our Attorney in Los Angeles About Permanent Disability Workers’ Compensation Claims

While these claims are rare, permanent disability benefits are crucial for anyone who is no longer able to work after an employment-related accident. You may have the chance to secure a lifetime of payments to replace your lost wages, but only if your claim is successful.

Let our experienced team of attorneys help you secure the benefits you deserve. Contact us today to learn more about Los Angeles permanent disability workers’ compensation claims.