Becoming injured at work can be traumatic and leaves you unable to work for quite some time. This means you will need financial assistance during this time and you are entitled to disability benefits. Employees are often denied these benefits or have them delayed and miscalculated. We understand this difficult situation and stand up against those insurance companies and employers who want to prevent you from receiving the compensation you are entitled.
Koszdin, Fields & Sherry will seek full disability compensation for temporary disability and permanent disability. We have workers compensation specialist* who know the ins and outs of permanent disability claims in Los Angeles and throughout Southern California. During a free initial consultation we will discuss the details of your case and determine the best course of action for your situation.
Permanent Disability
Any injury can leave long lasting effects but there are some that are permanent and life altering. This is something that will take you some time to come to grips with. This will have a major effect on your earning capacity even if you are able to return to work. Just because you are able to return to work does not mean that you do not have a permanent disability or are eligible for benefits. These benefits are based on your impairment rating. This is where many companies or insurance providers will attempt to disagree. We won’t let them take advantage of you and will have the claim evaluated by an agreed medical evaluator (AME) orr a qualified medical evaluator (QME). We will argue the case with the Workers’ Compensation Appeals Board and will after preparing a reconsideration of the summary rating.
Some injuries can qualify for temporary disability which is when you are out of work for more than three days. These benefits unlike permanent disability which are meant for long term, temporary disability is meant to help you during the time you are out of work. They are typically two-thirds of your average weekly wage. The maximum amount of weeks you can be out is 104 weeks but many cases do not require this much time off.
What Qualifies as a Permanent Disability in California?
Various types of injuries and health conditions that can result from work-related accidents and/or exposure to hazards in the workplace may qualify as permanent disabilities. It is not always clear to a victim whether they have a permanent disability case or whether their injuries are not severe enough to be categorized as such. In these scenarios, a victim may not know how to begin pursuing the compensation they are owed.
This highlights one of the many reasons it is wise to consult with a Los Angeles permanent disability lawyer if you believe you have grounds to seek permanent disability benefits. The experts at our Los Angeles workers’ compensation firm will gladly answer any questions you may have about your case. We can help you better understand whether your injuries qualify as permanent disabilities.
Examples of injuries and health conditions that may give you reason to file a permanent disability workers’ compensation claim include (but are not necessarily limited to) the following:
- Repetitive stress injuries
- Knee and joint injuries
- Loss of hearing, vision, or both
- Paralysis
- Burns
- Cancer
Those are just a few examples. Again, the best way to learn more about whether your injuries give you grounds to seek permanent disability benefits is to schedule a free consultation with the team at our Los Angeles permanent disability law firm.
Los Angeles Permanent Disability Cases: The Difference Between Permanent Partial Disability & Permanent Total Disability
Permanent disability benefits technically are meant to provide necessary compensation to workers who have sustained injuries which significantly impact their “future earning capacity.” The degree to which a claimant has lost future earning capacity is represented by a percentage.
The percentage assigned to an injured worker will determine whether they are eligible for permanent partial disability benefits or permanent total disability benefits.
If someone is judged to be disabled with a rating of less than 100%, they can generally only recover permanent partial disability benefits. These benefits consist of weekly payments.
The higher an injured worker’s disability rating, the longer these payments will be made. However, payments will stop at some point unless an injured worker passes away before this occurs.
That’s not the case when a claimant is eligible for permanent total disability benefits. Someone who has been assigned a disability rating of 100% is eligible to receive payments every week for the rest of their life. Someone might also be eligible for a lifelong pension if their disability rating is between 70% and 90%.
A Los Angeles permanent disability lawyer cannot guarantee that you will be assigned a specific rating. That said, we can provide the aggressive representation you need when it appears the rating that is to be assigned to you is lower than it should be.
How a Los Angeles Permanent Disability Attorney Can Help
During a disability settlement, you will have several options to receiving compensation. We can discuss the pros and cons to each option and how it will help your situation. Any reduction or delay of obtaining your benefits can be detrimental to your everyday life and recovery. We understand this and will fight to protect your rights. We will build an aggressive case to obtain your permanent disability benefits in Los Angeles. During a free initial case evaluation, all of the details of the case will be reviewed as well as your options. We have knowledge and aggressive Los Angeles permanent disability attorneys to protect your rights. You will pay no fees unless we win your case. Do not hesitate to contact us to schedule your consultation.
