Permanent Disability

Suffering a permanent disability due to a workplace accident can be a life-changing event that can have a devastating impact on the injured worker and their loved ones. At Fiore Legal, we understand the shock and despair that can come with the realization that you may never fully recover from your work-related injuries. We're here to help.

Fiore Legal Seeking Compensation for Permanent Disability

In California, you have the legal right to seek financial compensation if you have experienced permanent disability due to an occupational disease or a work-related accident. Fiore Legal has a proven track record of protecting the rights of injured workers, particularly in cases where the injuries are severe or permanent. Our experienced workers' compensation attorneys are committed to helping you establish your claim and securing the maximum possible compensation and long-term benefits for your permanent disability.

What is Permanent Disability in California?

Permanent disability benefits are reserved for those injured employees that aren’t expected to make a complete recovery or return to work. These benefits are designed to pay employees for “loss of future earning capacity.” Permanent disability is calculated in percentage form and defines an injured worker’s ability to compete in the labor market.

Maximum Permanent Disability Benefits

There is a minimum and maximum payment for those that seek temporary disability in the state of California, but permanent disability is handled a little differently. These payments are made weekly, usually two-thirds of the claimant’s weekly wage, before the injury occurred. The amount paid depends on the disability rating.

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Workplace Injuries that may Cause Permanent Disability

There are several different types of medical conditions, including illnesses and injuries, that qualify an employee for permanent disability benefits. These are:

Nerve damage
Hearing loss
Blindness
Damage to the joints and knees
Amputations of body parts, such as legs, arms, fingers, and eyes
Paralysis
Spine injuries
Neck or back injury
Second or third-degree burns
Traumatic brain injury
Cancer due to toxic exposure
Respiratory Illnesses and diseases

Types of Permanent Disability Benefits

There are two types of permanent disability benefits under California workers’ compensation system. These are:

Permanent partial disability

People deemed partially disabled have a disability rating below 100%. You will be entitled to weekly payments at the pre-determined amount. Individuals with a higher disability rating will be paid for more weeks. These are among the most common types of workers’ compensation claims. They comprise over 50% workers’ compensation claims in the US.

Permanent total disability

You will be entitled to weekly payments for the rest of your life if you are 100% disabled and have sufficient evidence to prove that your disabilities occurred from work related injuries. In some cases, you may also be given a lifetime pension. This is usually for disability rating between 70 – 90%.

Obtaining Permanent Disability Benefits in California

You won't be considered for permanent disability benefits unless you have exhausted your temporary disability benefits. Employees are usually evaluated by an insurance company-approved doctor once the limit for temporary disability is attained. The physician will determine whether you have reached "maximal medical improvement" or not. To recover permanent disability benefits, you should be able to prove the following:

The injuries are work-related. You can file for permanent disability benefits even if the injury, illness, or condition occurred when you were not at your office. Moreover, it should have come from your job if you want to be able to access benefits.
Your disabilities are because of the severe nature of the injury or illness.
You can either not return to work because of your disability or can do some work with limitations.

The amount of permanent disability you qualify for depends on your disability rating. You may sometimes be entitled to petition for a more significant disability award. However, navigating this process can be complex and overwhelming, so having a skilled and compassionate workers' compensation attorney by your side is essential. At Fiore Legal, we are dedicated to helping you obtain the compensation you deserve and guiding you through every step of the process with care and expertise.

Choose the Most Results-Driven Personal Injury Law Firm with a Track Record of Successful Permanent Disability Claims

At Fiore Legal, our experienced and resourceful workers’ compensation attorneys have a solid background in fighting for employees with work-related disability. Our attorneys have already secured $2.5 billion for clients and are committed to providing you with the best legal representation possible. To request your free case evaluation, call us at 800-440-4157 or reach us online.

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