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Can I Get Permanent Disability Benefits in My California Workers’ Compensation Case?

Unfortunately, many workplace accidents or injuries result not only in large short-term medical bills but can be long-term or lifetime expenses.

To better understand these types of cases and the benefits that employees can receive for them, it is necessary to understand the term: permanent disability.

After an injury, doctors must make every effort to help the affected person reach the maximum possible recovery. In some cases, the worker does not manage to recover 100% of his faculties, for example: if he lost a limb or the ability to move on his own, among others. When this happens, the employee may fight to receive long-term permanent disability benefits. For this, he will need a medical report stating that his recovery has stalled and is not likely to improve over the next few years, even with further treatment. This stage is called “Maximum Medical Improvement” (MMI).

Once the employee has achieved Maximum Medical Improvement, his temporary disability payments will end. If he has fully recovered and is able to return to work without limitation, he will not be eligible for permanent disability benefits. However, he may be entitled to compensation if injuries or illness have left him with permanent physical or mental limitations. Legally and in workers’ compensation, this is called a “permanent disability” (or PD).

There are two types of permanent disabilities in the state of California:

  • #1 Total Permanent Disability (TPD):  

The disability rate is 100%. This type of disability will entitle you to weekly payments indefinitely.

  • #2 Permanent Partial Disability (PPD): 

The disability rate is less than 100%. This type of disability will entitle you to weekly payments for a certain period of time. Generally, the higher the disability rating, the longer you will receive payments, which equals higher payments.

Do you need to know more about this topic? 

Contact us today. Our team will gladly evaluate your case to generate a legal strategy that allows you to receive the benefits you deserve.

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