When workplace injuries lead to permanent disabilities, injured employees may be entitled to Permanent Disability Benefits, and the amount of compensation depends largely on the disability rating system. When you are not expected to fully recover from a disability caused by a workplace injury, and it is determined that you have reached the maximum level of physical improvement, it will then be time to calculate the severity of your disability based on the rating system.
Your disability rating is important because it has a significant impact on the amount of compensation you will receive under your workers’ compensation claim.
If you were involved in a workplace accident and suffered debilitating injuries, as a result, contact a California work injury attorney at The Law Office of Joseph Kritzer to discuss your claim and injuries sustained. Your injuries and right to financial compensation are too important to leave to chance, and only an experienced attorney should handle your claim.
Permanent Partial Or Total Disability
If you are eventually able to work after your workplace accident, but your earning capacity is compromised due to your disability, you have what is considered a permanent partial disability and you may be entitled to permanent partial disability benefits.
When your disability prevents you from returning to work in any capacity, you may be entitled to receive permanent total disability benefits. Total disability cases typically include severe injuries such as permanent brain damage, a complete loss of vision, or paralysis. The disability rating represents the significance of your disability and loss of earning capacity.
How The Disability Rating System Affects Your Case
Injury severity is a major factor in your disability rating, but other factors may have an impact on your rating as well. Factors that may also affect your rating include your age, occupation, and earnings at the time of the accident. The rating system can be very complicated and somewhat subjective, which means that the rating you are assigned may not truly represent your level of disability.
Unfortunately, when your rating is undervalued, you may not qualify for the compensation that you deserve; however, you do have the right to challenge your rating if you do not believe it fairly represents your disability and the impact it has on your ability to work.
Disagreeing With Your Rating
Injured employees often disagree with the ratings they are assigned, and consequently, the benefits they are entitled to receive. Experienced workers’ compensation attorneys can help to make sure that your disability is not undervalued and if you are not being treated fairly by your employer or insurance company, we will fight for your rights.
We will negotiate with insurance companies to settle your claim and argue your case to a judge if negotiations are not successful.