A workplace injury can majorly affect your ability to work. California workers’ compensation benefits are designed to provide you with the income you need to pay your bills and medical expenses while you heal and recover from your injury.
However, sometimes your injury results in a permanent disability, preventing you from ever returning to work. But proving permanent disability after a workplace injury can be challenging.
Permanent disability under California law does not always mean you are completely unable to work. You can have a partial permanent disability or a total permanent disability.
Partial and total permanent disability
Partial permanent disability means that you have an injury or condition that permanently affects your ability to work and limits your physical and mental capacity. This applies when you can work but with limitations.
Total permanent disability applies when the extent of your injury is so severe that you cannot work at any capacity.
There are different types of proof required to prove partial permanent disability and total permanent disability. It is important to understand the different types of evidence necessary to prove the type of disability you are asking for.
However, there are some general guidelines that apply to proving either type of permanent disability.
Medical and vocational evidence
Medical evidence is one of the most vital pieces of evidence to prove any permanent disability. Collect any medical evidence you have that shows the cause and extent of your injury, the long-term effects and the prognosis on how the injury impacts your ability to work.
Doctor’s reports, test results and evaluations are common examples of medical evidence used in workers’ compensation cases when proving permanent disability. Testimony from expert medical witnesses can bolster your documentation.
Vocation expert witnesses can also provide testimony on how your injury prevents you from returning to your previous job. Vocational experts can testify about the limitations of your injury, compare your condition with your job requirements and provide an opinion on how the injury affects your future earning potential.
You should always cooperate with your medical providers and follow their instructions. Sometimes an insurance company may require you to obtain an independent evaluation from a qualified medical evaluator. This is someone chosen by the insurance company to assess your injury and provide a neutral report.
Why permanent disability claims are denied
Some common reasons permanent disability claims are denied include lack of medical evidence and inconsistent reports from medical evaluations.
Having the strongest possible evidence is important if the insurance company disputes your claim that you are permanently disabled.
It is not an exaggeration to say that a workplace injury can completely ruin your life. You may quickly become unable to pay your bills, keep a roof over your head and take care of your family because you cannot work.
On top of that, the medical costs of treating your injury might be more than you will ever be able to pay. If you enjoy your job, the thought of not being able to do it anymore can cause you mental anguish and suffering.
Workers’ compensation benefits are meant to prevent this type of situation. Knowing how to prove your case for total disability can result in the compensation you need to make it through this difficult time.