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Workers' Compensation

Permanent Disability

Table of Contents
  1. Why Injured Workers Choose Abramson Labor Group
  2. What Is Permanent Disability in California Workers’ Comp?
  3. How Is a Permanent Disability Rating Calculated?
    1. Apportionment
    2. High ratings and total disability
  4. Common Permanent Disability Disputes
  5. What Comes After a Permanent Disability Rating?
    1. Retaliation for filing a claim
  6. Serving Injured Workers Across California
  7. Frequently Asked Questions
    1. How much does a workers’ comp lawyer cost?
    2. Can I get permanent disability if I can still work?
    3. What is apportionment?
    4. Where can I find more answers?
  8. Request a Free Case Review
Key Takeaways
  • Permanent disability (PD) is any lasting disability from a work injury that results in a reduced earning capacity.
  • PD is rated once your condition is permanent and stationary, also called maximal medical improvement.
  • Your rating depends on your impairment, your occupation and age at the time of injury, and your future earning capacity.
  • Apportionment can reduce your award by assigning part of your disability to causes other than the work injury.
  • PD payments must begin within 14 days after temporary disability ends, and a total permanent disability is paid for life.

If a job injury leaves you with lasting limits after you have recovered as much as you will, California permanent disability benefits are meant to compensate you for them. Abramson Labor Group represents injured workers, never employers, in workers’ compensation claims, including disputes over permanent disability ratings. Our case reviews are free and confidential, and we work on contingency.

Why Injured Workers Choose Abramson Labor Group

  • Employees only. We represent injured workers, never employers.
  • 4.5 stars across more than 1,900 Google reviews (as of September 2026).
  • Documented results. See our case results. Past results do not guarantee a similar outcome.
  • Founding partner Zev Abramson founded the firm in 2015 and earned his J.D. at Loyola Law School.
  • Help in English and Spanish, with intake also available in Armenian.

What Is Permanent Disability in California Workers’ Comp?

According to the Division of Workers’ Compensation, “permanent disability (PD) is any lasting disability that results in a reduced earning capacity.” PD does not require that you be unable to work at all. A partial, lasting impairment can qualify.

PD comes into play when your condition has become “permanent and stationary (P&S),” which doctors may also call maximal medical improvement (MMI). Until then, you may be receiving temporary disability. The DWC says “the claims administrator must begin paying your PD payments within 14 days after TD ends.”

How Is a Permanent Disability Rating Calculated?

Your PD rating drives the value of your benefits. The DWC explains that “the PD rating is used in a formula that determines the benefits you’ll receive.”

Rating factorWhat it means
Impairment“How your injury affects your ability to do normal life activities” (DWC)
OccupationYour occupation at the time of the injury
AgeYour age at the time of the injury
Future earning capacityHow the injury affects your ability to earn in the future
ApportionmentAny percentage of the disability assigned to causes other than the work injury

Apportionment

Under Labor Code section 4663, “apportionment of permanent disability shall be based on causation.” The doctor’s report must address “what approximate percentage of the permanent disability was caused by the direct result of injury” and what was “caused by other factors both before and subsequent to the industrial injury.” A poorly supported apportionment finding can significantly lower an award.

High ratings and total disability

Under Labor Code section 4659, a rating of at least 70 percent but less than 100 percent can add a life pension after the regular PD payments end. If the permanent disability is total, payments “shall be paid during the remainder of life.”

For a look at payment amounts, read how much workers’ comp pays in California.

Common Permanent Disability Disputes

Because the rating sets the value of the claim, this is where many disputes happen.

Signs Your PD Rating May Be Too Low
  • The impairment rating does not match your real limitations at home or at work
  • The report apportions much of your disability to an old injury or aging
  • You were declared permanent and stationary while still getting worse
  • The medical evaluation was rushed or left out some of your injuries
  • Your PD payments did not start within 14 days after TD ended

Medical disputes in workers’ comp often go through a Qualified Medical Evaluator (QME). The DWC says “you have 10 days from the date the list is printed and mailed to select a QME from the list,” so timing matters. A workers’ compensation attorney can evaluate whether your rating reflects the full extent of your injury. If your claim was denied or delayed, see that page.

What Comes After a Permanent Disability Rating?

If you cannot return to your old job, you may also qualify for return to work and job displacement benefits. Our workers’ comp benefits overview covers every benefit in one place, and our article on workers’ comp and disability explains how other disability protections can overlap. For serious head injuries, see traumatic brain injury and workers’ comp. If a work injury causes death, the employer is liable for a death benefit to the worker’s dependents (Labor Code section 4701), explained on our workers’ comp death benefits page.

Retaliation for filing a claim

Being punished for reporting a work injury can be a separate legal claim. See our article on whether you can be fired for filing workers’ comp in California, and our workplace injuries page.

Serving Injured Workers Across California

We represent injured workers in Burbank, Glendale, Pasadena, and across Los Angeles County, and statewide through our California employment lawyers.

Frequently Asked Questions

How much does a workers’ comp lawyer cost?

We work on contingency, so you do not pay anything unless we win. The case evaluation is free. The DWC notes that “your attorney can’t directly charge you for his or her services” (DWC). Learn more about how contingency fees work.

Can I get permanent disability if I can still work?

Generally, yes. PD is based on a lasting disability that reduces earning capacity, not on whether you can work at all (DWC).

What is apportionment?

The DWC defines it this way: “Assigning a percentage of your disability to factors other than your work injury is called apportionment.” It can reduce your PD award (Labor Code section 4663).

Where can I find more answers?

Our California workers’ compensation FAQ answers common questions about claim forms, deadlines, and delays.

Request a Free Case Review

Before you accept a permanent disability rating, we can review whether it reflects the full extent of your injury and explain your options. Request your free case evaluation, contact us, or call us at (213) 493-6300.

You do not pay ANYTHING unless we win!

Last updated: October 2026

This page is general information about California law, not legal advice. Every situation is different. For advice about your specific case, talk to a licensed California workers’ compensation attorney.

Table of Contents
  1. Why Injured Workers Choose Abramson Labor Group
  2. What Is Permanent Disability in California Workers’ Comp?
  3. How Is a Permanent Disability Rating Calculated?
    1. Apportionment
    2. High ratings and total disability
  4. Common Permanent Disability Disputes
  5. What Comes After a Permanent Disability Rating?
    1. Retaliation for filing a claim
  6. Serving Injured Workers Across California
  7. Frequently Asked Questions
    1. How much does a workers’ comp lawyer cost?
    2. Can I get permanent disability if I can still work?
    3. What is apportionment?
    4. Where can I find more answers?
  8. Request a Free Case Review

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      AGREEMENT FOR FUTURE CONTACT: By clicking here, you provide Abramson Labor Group with your electronic signature and express written consent for us to email, call and text you at the numbers and addresses you provided us above (or provide to us later) with marketing offers and other information, including possibly using ATDS/autodialer technology, prerecorded and artificial/AI messages/voices. Consent is not a condition of purchase. Calls may be recorded and monitored and normal rates apply. We will also use your information in accordance with our privacy policy.