Permanent Disability

If a job injury leaves you with lasting impairment after you have recovered as much as you will, you may be entitled to permanent disability benefits.

These benefits compensate you for effects that do not fully heal, and they are often the most valuable part of a workers’ compensation claim. Because the amount turns on a medical rating, this is also where insurers work hardest to pay you less than you are owed.

When Permanent Disability Applies

Permanent disability, or PD, is meant to compensate you for the lasting effects of a work injury that do not fully heal. It does not require that you be unable to work at all. Even a partial, permanent impairment can qualify. PD becomes relevant once your treating physician determines you have reached maximum medical improvement, meaning your condition has stabilized and is not expected to improve further.

How PD Ratings Are Calculated

At that point, a doctor assigns an impairment rating based on how the injury affects your body. That rating is then adjusted for your age and occupation to produce a permanent disability percentage, which determines how much you are paid. A higher rating means higher compensation, and a worker rated 100 percent permanently disabled may receive benefits for life.

This is where a great deal of money is won or lost. The rating drives the value of your claim, and insurers have every incentive to secure the lowest rating possible. A rushed medical evaluation, an incomplete impairment report, or an unchallenged low rating can cost you tens of thousands of dollars.

Injured workers often dispute:

  • An impairment rating that is too low
  • Apportionment that blames the injury on prior conditions
  • Whether the injury has truly reached maximum medical improvement
  • The medical evaluation used to set the rating

Protect Your Rating

California workers’ compensation attorneys are paid a percentage of your award only if you recover, with nothing due upfront. Before you accept a permanent disability rating, have an attorney review whether it reflects the full extent of your injury.

 

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