We strain parts of our bodies through repetitive work, but we are also vulnerable to more devastating injuries. Work-related accidents can be horrifying, leaving us forever incapacitated. Permanent disability changes a person’s entire life; we must adjust to the injury.
The compensation for permanent disabilities is significantly larger and lasts longer than temporary disabilities, which is why it is harder to prove that we suffer from permanent disabilities. Below we can see how the eligibility process is in California.
We must reach MMI status
Maximum Medical Improvement (MMI) is when the doctor sees that the patient will not improve no matter what treatment or rehabilitation they do.
Our physician must make a P&S report
When our condition reaches MMI, it is neither getting better nor worse. There is not much else the physician can do, except officially and legally make a “permanent and stationary” (P&S) report. The report should include in detail the severity of which the disability is limiting and debilitating through percentage ratings. We can challenge the report if we are unsatisfied with the physician’s ratings.
Our permanent disability rating must reach a certain percentage
The impairment rating the physician assigns to each disability affects the entire final permanent disability percentage. It can show that our disability is only partial or temporary; therefore, we will have a lower compensation for a specified amount of time. A 70% rating entitles us to lifetime pension, 69% will not. Of course, a 100% rating has the highest benefits, but we would have to prove we have zero earning capacity indefinitely.
We must all understand the process to recover the permanent disability compensation due us, albeit incredibly complicated to compute or comprehend. One rating higher or lower has such a profound effect on the benefits we can recover.