Business Law

Eligibility Needs for Permanent Disability or Impairment Benefits

February 4, 2019

Workers compensation offers medical bill coverage in case of work-related injuries. You get paid leave, while you are undergoing the treatment and recovering. In case, your work-related injury has impaired or disable you permanently or you are incapable to work without constraints then the long-term workers compensation benefits kick in to ensure that you along with your family has sufficient income to survive or compensate you for any less income in future.

Eligibility needs for long term disability benefits

  • Your employer carries workers’ compensation coverage
  • You are an eligible employee
  • Your worker’s comp claim is filed according to appropriate process and deadlines required in your state.
  • You will need to prove that the injury is job related. It does not matter, if you were away from your office premises. You will need to prove that you were on an errand for the company.
  • The severity and nature of the injury leaves you impaired or disabled.
  • You will not be able to go to work or will be able to do the tasks as doctors have restricted thus limiting your capabilities of what to do.

Unlike, personal injury lawsuit, workers injured during work will not need to prove the negligence of their employer for your recovery. As per workers’ comp law, employees are liable for work related injuries except the worker was illegal substance influence during injury or the injury was self-inflicted purposefully or the employee was clearly violating expressly specified company policy.

How to calculate permanent disability benefits?

According to permanent disability California law, you can be either permanently partially or totally disabled. Under permanent total disability, the list of injuries include paralysis, loss of both feet & both hands or both eye-sight loss. If you don’t recover 100% then you will be regarded as suffering from permanent partial disability.

Workers percentage of permanent disability is stated differently. In many states, when a recovering worker reaches a condition, where improvement of health is not expected [MMI or maximum medical improvement] then the employee obtains a rating in California. It reflects their permanent disability percentage. In some states it is termed as impairment rating. The amount of duration taken to attain MMI differs widely. It can be anywhere from one month to few years from the day you got ill or injured.

Rating is based on your injury severity. Some states have specific rating number for particular injuries, while in a few doctor’s use subjective and objective test results for rating disability or impairment percentage. This rating is then used to determine how many weeks payments will the disabled worker receive.

Get help

In case of permanent disability or impairment due to work related injury, consider approaching workers’ comp attorney. The compensation received will be your sole solution to get money against the permanent injury from your employer. Therefore, it is crucial to ensure that your permanent disability is rated properly and you get money you truly deserve. Workers’ compensation attorney is experienced and well aware about the process and can handle settlement negotiations with the insurance providers on your behalf.

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