Permanent Disability: 5 Common Questions
1. What are Permanent Disability Benefits?
Permanent Disability benefits (PD) can be paid to injured workers who have not fully recovered from their injury and have suffered “impairment” to the body that is not expected to go away.
.How are permanent disability benefits determined?
Calculating an injured workers PD rating is done by considering various factors, including the medical information available, the earnings at the time of injury, and the worker’s age and occupation. The law requires that a doctor evaluate an injured worker to determine their level of PD by applying rules established known as the American Medical Association Guides. PD benefits are weekly benefits. The higher the percentage of disability, the more weeks of benefits are payable.
2. Are Permanent Disability and Social Security or SSI Benefits the same thing?
No. In fact, many people confuse PD payable under workers’ compensation law, with Social Security or SSI. If a person is injured or disabled for at least six months and is expected to be disabled for more than a year, they should consider applying for Social Security Disability income benefits or Supplemental Security Income (SSI) – or both.
3. If I am permanently disabled, can I go back to work?
This depends on how severely you are injured and the nature of the work you do. The mere fact that a worker has a “permanent disability” does not mean that they cannot return to their work. Many workers who have a level of PD are able to resume their regular work. In some cases, they cannot perform their regular work, but may be able to return to the same employer performing modified or alternate work.
4. If I am found to have a permanent disability, will I receive disability payments for the rest of my life?
Some workers who have received very severe injuries (such as spinal cord injuries resulting paralysis, brain injuries, blindness, multiple amputations) will be entitled to receive a Permanent Total Disability (100 percent PD benefit), which will pay them weekly for the remainder of their lives. The vast majority of injured workers, however, will not receive a lifelong weekly benefit. The term “permanent” does not describe the period of benefits, but rather, it describes the injured worker’s medical condition. For example, if a worker has a finger cut off, the worker is said to have a “permanent disability” (or impairment) because the finger will not grow back. A worker with an amputation may or may not be able to go back to work.
5. I’ve received a letter from an insurance company telling me how much they are going to pay me for my permanent disability. Is this an award of benefits?
No. In many cases a person who has not returned to work, but who is not expected to make a full recovery, may begin receiving PD benefit checks from an insurance company. This, however, is usually only an estimate of benefits to be paid. It is NOT a guarantee of further benefits or an award for further medical care.
We know that the workers' compensation system can be complicated. If you still have questions regarding your permanent disability case, please reach out to our team of Certified Workers’ Compensation Law Specialists.
Cole, Fisher, Cole, O’Keefe + Mahoney is Central California’s leading workers’ compensation and social security disability law firm. With over 30 years of successful experience, we are committed to securing maximum benefits for our clients in the Fresno, California area. Schedule a free consultation today.