What If a Workplace Injury Leaves Me Disabled?

 Posted on July 12,2022 in Workers' Compensation

Some workplace injuries are much more serious than others. After a simple injury like a sprained ankle, you may need a few weeks off to recover before returning to work. In that case, your claim would be fairly straightforward - you recover lost wages and medical expenses, and you are back at work like nothing happened. However, some workplace injuries can be much more serious. A serious accident that causes a spinal cord injury or traumatic brain injury can leave you permanently unable to return to work. You may have to change career paths, which often involves taking a serious pay cut. Or, you may never be able to work again in any capacity. In these instances, you may be eligible for permanent disability benefits. If you are in this type of situation, it is crucial that you reach out to an attorney for help applying for Workers’ Compensation. 

When Am I Eligible for Permanent Disability Benefits?

Applying for permanent benefits can be trickier than applying for temporary benefits. You will need some patience, as you cannot apply immediately. It is impossible to prove permanent disability until a doctor has determined that your injury is no longer improving and is unlikely to improve in the future. Depending on the injury, this could take months. A worker with a traumatic brain injury may spend up to a year in a rehabilitation facility while slowly improving as time goes on. Of course, in other cases, it is fairly clear that improvement is unlikely to occur. For example, if an accident leaves you paralyzed or missing a limb, your condition is not likely to get better. 

If your doctor determines that your condition is as good as it is likely to get, but you are still not able to return to work, you might be eligible for permanent disability payments. 

What Is a Disability Rating and How Does It Affect My Benefits?

When you are applying for permanent disability benefits, a doctor will need to evaluate you to determine the extent of your disability. A large number of factors can affect your disability rating, from which body parts are affected, how much bodily function you have lost, and even your age and the particular job you were doing at the time of the accident. 

This disability rating can affect how long you will receive benefits for. If you are considered more than 70% disabled, you are likely eligible to continue receiving payments for the rest of your life. If you do not agree with your rating, you will have an opportunity to contest it.

It is important to have legal representation before you begin filing for permanent benefits. 

Call a Santa Clara County Workers’ Compensation Attorney

If you became disabled due to a workplace accident, Cramer + Martinez will fight for you to receive every possible type of benefit. Our seasoned Morgan Hill Workers’ Compensation lawyers are skilled at pursuing permanent disability claims. Contact us at 408-848-1113 for a free consultation. 

Source:

https://www.dir.ca.gov/dwc/PermanentDisability.htm