Attorney Esequiel Solorio is a certified specialist in workers’ compensation law as certified by The State Bar of California Board of Legal Specialization.

Can I get permanent disability benefits?

On Behalf of | Apr 21, 2023 | workers' compensation

Workers’ compensation benefits pay out either temporarily or permanently. Which category your case falls into depends on your specific situation.

Most cases will have temporary benefits because the injured worker heals and can go back to work in some capacity. Permanent disability requires having lasting effects from the injury that prevents you from returning to your job in the same capacity as you were prior to the injury.

Your level of recovery

Your level of recovery will be the determining factor in whether you get permanent disability benefits. You must show that you are recovered as much as you will recover. You also must show that you cannot return to your previous working capacity due to having issues related to your injury and that this results in you being unable to earn as much as you used to.

Doctor’s report

You will need your doctor to make the determination that you have a permanent disability. He or she must submit a report to workers’ compensation about your condition and healing situation, noting you will not recover further.

PD rating

Workers’ compensation will assign you a PD rating. The rating will determine how much your disability impairs your ability to work. It later becomes a percentage, which represents your percentage of disability and the payment percentage of benefits you may get.

Once you get an approval for permanent disability, you will get a settlement amount, or the payment workers’ compensation will make to you for benefits. You can get it in a lump sum or over time.