Glendale Disability Claims Lawyer
Temporary And Permanent Disability Benefits for Injured Workers
A serious job-related injury or illness can leave you unable to return to work for weeks, months, or even years. In some cases, an injury or illness may be so debilitating, it prevents you from ever returning to your previous employment.
To help workers who suffer lost wages and income due to work-related injuries, illnesses, and medical conditions, California’s workers’ compensation system provides both temporary and permanent disability benefits to eligible individuals. Disability benefits are paid based on a percentage of the worker’s average weekly wages and are available for set amounts of time depending on a variety of factors, including the severity of the injury and the ability of the individual to conduct light-duty or modified work.
Continue reading to learn more about disability benefits through the workers’ compensation system or contact Glauber Berenson Vego today to learn how our Glendale disability claims attorneys can help you. We are available to answer your questions and provide the personalized guidance you need.
Temporary Disability Benefits
When you are unable to work temporarily due to an injury or medical condition, workers’ compensation pays temporary disability benefits.
Typically, these benefits are:
- Based on work restrictions provided by your treating physician
- Calculated based on two-thirds your average weekly wage (up to state-set maximums)
- Only provided for a limited amount of time
In most cases, you can receive temporary disability benefits as long as your doctor determines that you are unable to work or unable to work at full capacity. Your doctor will conduct ongoing evaluations every 45 days and decide on whether you can return to work or not.
The maximum amount of time you can continue receiving temporary disability benefits in California is 104 weeks in a 5-year period. However, if you suffer a severe condition that qualifies, you could receive temporary disability for up to 204 weeks.
Qualifying severe conditions that entitle you to receive temporary disability benefits for up to 240 weeks include:
- Eye injuries
- Hepatitis B
- Hepatitis C
- Lung disease
- Pulmonary fibrosis
If you are unable to return to work at all due to your injuries, you will receive temporary total disability (TTD) benefits. If you can return to light-duty work or work in a modified capacity, you will be eligible for temporary partial disability (TPD) benefits, which are calculated based on the lost wages you sustain due to working fewer hours.
Permanent Disability Benefits
When injuries are so severe, the injured worker is not expected to make a full recovery, he or she may be eligible for permanent disability benefits through the workers’ compensation system. To be eligible for permanent disability benefits, you must receive a disability rating of 1 – 100%; if your rating is below 100%, you are considered partially disabled, and if it is 100%, you are considered totally disabled. Disability ratings are provided by treating physicians and are generally based on the individual’s ability to compete on the open labor market.
The amount and duration of your permanent disability benefits is based on your disability rating:
- Less Than 100%: If you receive a disability rating of less than 100%, you are considered partially disabled and can receive weekly benefits at a set amount. Generally speaking, the higher your disability rating, the more weeks you are eligible to be paid and the more money you will collect.
- Between 70% and 99%: If your disability rating is between 70% and 99%, you are eligible to receive a life pension. This is a small, supplemental payment provided for the rest of your life after all disability payments have been made.
- 100%: If your disability rating is 100%, you are considered totally disabled and can receive weekly payments for the rest of your life. In this case, your permanent disability payments will be the same as your temporary disability rate prior to receiving a disability rating.
When Is an Injury Considered Permanent?
For serious injuries that are permanent, you will receive a disability rating (also known as a “whole person impairment” rating) as set forth in American Medical Association guidelines. Your disability rating is calculated during a medical evaluation provided by your doctor. During this evaluation, your doctor will examine each area of your body that was affected by your work-related injury or illness and provide an impairment rating. The final rating based on individual analysis of the various body parts is your “whole person impairment.”
While the whole person impairment determines your physical disability level, it does not necessarily consider impairments beyond your activities of daily living, or ability to care for yourself. To determine the full value of your permanent disability, including your loss of working capacity, various factors are considered.
Some of these factors include your:
- Ability to compete in the open job market
- Ability to perform light-duty or modified work
- Ability to perform other employment
- Education level
At Glauber Berenson Vego, our Glendale disability claims attorneys will work hard to obtain the maximum available benefits on your behalf. While we strive to recover efficient, favorable settlements for our clients, we are fully prepared to take your case to trial if necessary.
Example of Permanent Injuries
While any injury can result in lasting complications, some more frequently lead to lifelong impairment.
Some examples of permanent injuries include:
- Loss of sight
- Severe burns
- Chronic orthopedic
- Psychiatric complaints
These and other injuries can permanent impact your ability to work and earn a living for yourself and your family, but workers’ compensation can help. As an injured employee in the state of California, you have the right to seek compensation when you suffer serious, life-altering injures on the job. Glauber Berenson Vego is here to help guide you through this process and fight for the maximum benefits you are owed.
Request a Free Consultation Today
Find out more about available temporary and/or permanent disability benefits by calling our law office to schedule a free initial appointment. We have offices in Glendale, Downey, and Los Angeles and proudly serve clients throughout the San Gabriel Valley and the Greater Los Angeles Area. For more than 30 years, our firm has been successfully representing the rights of injured workers and their families, and we are ready to help you, too.
We provide free initial consultations and contingency fees, meanings you do not owe anything unless/until we recover compensation for you. Our team offers legal services in English, Spanish, and Farsi and is happy to discuss your needs during a complimentary consultation and case evaluation.
“Ryan is an amazing lawyer and, was always willing to answer any questions I had. He was also quick to get me appointments to help with my injuries.”- Former Client