How Do Permanent Disability Ratings Work in California Workers’ Comp?
If you suffered a work-related injury that led to a permanent impairment, you may be entitled to permanent disability benefits through California’s workers’ compensation system. These benefits are designed to compensate you for the lasting impact the injury has on your ability to work. The key factor in determining the amount you receive is your permanent disability rating. If you have questions about your eligibility for benefits, a Morgan Hill, CA workers’ compensation attorney can help.
What Is a Permanent Disability Rating for a California Workers’ Compensation Claim?
A permanent disability rating is a percentage that represents how much your injury limits your ability to earn a living. This rating applies once your condition has reached maximum medical improvement (MMI), which is the point where your condition has stabilized and is not expected to improve with further treatment.
Your doctor will issue a medical report after evaluating your condition. This report is reviewed by a disability evaluator at the California Division of Workers’ Compensation (DWC), who assigns a permanent disability rating. The rating can range from zero percent, indicating no permanent disability, to 100 percent, meaning total permanent disability. A 100 percent rating would mean that you can no longer work in any capacity due to your injuries.
The California Labor Code requires that these ratings be based on specific guidelines. For most injuries, doctors use the American Medical Association Guides to assess whether the injuries are permanent or not. This standardized assessment is aimed at determining how much function you have lost.
How Is a Permanent Disability Rating Used for California Workers’ Compensation Benefits?
Under California Labor Code § 4660.1, the rating is adjusted for your age, occupation, and how much your ability to earn money has been reduced since your injury. Each of these elements is factored into a complex formula to produce a final percentage. That percentage is then used to determine how many weeks of PD payments you are entitled to and the total value of your claim.
If you disagree with the doctor’s report, you can request a second opinion from a Qualified Medical Evaluator. Questioning a rating is common, and California law gives you the right to challenge it under California Labor Code § 4062.
Who Is Eligible for Permanent Disability Benefits?
You may be eligible for permanent disability benefits if:
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You were injured on the job.
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You filed a valid workers’ comp claim.
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Your injury has resulted in a lasting impairment that affects your ability to earn income.
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A doctor has declared that your condition has reached MMI.
Even if you can still work in some capacity, you might qualify for permanent partial disability. This means you would receive a percentage of the full benefit based on your rating.
Schedule a Free Consultation With a Santa Clara County, CA Workers’ Compensation Attorney
If you believe your permanent disability rating is incorrect or you have questions about your ability to receive benefits, the Morgan Hill, CA workers’ compensation lawyers at Cramer + Martinez are here to help. Our team brings over 20 years of combined experience focused on California workers’ compensation law, as we proudly represent injured workers in the Santa Clara County area and surrounding communities. We understand how to navigate the system and fight for the compensation you deserve. Call us today at 408-848-1113 to schedule a free consultation.