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Permanent disability? What now?

Diefer Law Group

Permanent Disability

For California workers in occupations that pose severe injury hazards, it would be a good idea for them to learn what steps are required to obtain any financial relief due to them. The California workers’ compensation insurance program has specific requirements with which to comply to remain eligible for benefits. The steps include administrative requirements as well as forms to complete and file the claim within the allowed time limit.

 

Permanent and Stationary report

If your workplace injury caused permanent damage that will never allow you to return to the same occupation, your doctor would have to declare that the disability is permanent. The physician must then draft a Permanent and Stationary report containing the required language to declare that the worker’s condition has reached a stage called maximal medical improvement.

The physician must describe the disability by using special language to describe the following:

  • The details of the medical problems, including which body parts are injured
  • The level of ability or inability to move the affected body parts
  • The extent of the ongoing pain
  • The work restrictions detailing the work limits the worker will have
  • Whether the injured worker would be able to return to his or her former occupation
  • Ongoing medical care that will be necessary.
  • Details of other factors or conditions that contributed to the accident

 

Benefits

Once the injured worker have checked the P&S report for accuracy, the physician must submit it to the workers’ compensation claims administrator. Along with the Permanent Disability benefits, workers left with permanent disabilities after work-related accidents might be awarded the following additional benefits:

  • Benefits to cover ongoing medical costs
  • Supplemental job displacement benefits
  • Benefits to teach workers new skills that will allow them to do other types of work

 

Most California workers whose on-the-job injuries cause permanent disabilities will be eligible for workers’ compensation benefits. However, failing to report the incident as soon as possible could make invalidate the claim if the deadline for filing it is not met.

Abel Fernandez

Abel Fernandez

Attorney Abel Fernandez believes in the aggressive representation of injured workers. Workers’ compensation law is a very difficult and frustrating area of the law. Employees routinely have medical treatment and benefits delayed or denied by insurance companies. Mr. Fernandez fights for the rights of the injured worker to get medical treatment and the maximum amount of benefits possible. We have experience fighting the insurance company and adjusters, and we are committed to obtaining the best outcome possible for our clients.


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By contacting Diefer Law Group, you agree to receive emails, text messages, and phone calls regarding your legal inquiry, which may be considered advertising material. Emails, text messages, and phone calls may be automatically generated using the information from this contact form to better coordinate communication. You understand that your consent to this is not necessary to obtain legal services from Diefer Law Group. Messaging and data rates may apply.