If you have suffered injuries in the workplace that are permanent, you may be entitled to workers’ compensation benefits for your permanent disability. The benefits you receive are based on a calculation of factors, including your disability rating, as discussed in more detail below.
Your disability rating is essentially a measure of how severe your injuries are and how much they impact your ability to work. Workers’ compensation attorney Joseph Kritzer represents employees who have been injured at work in California. We know how valuable the disability rating is in determining the amount of compensation that you are entitled to receive.
If your initial disability rating is undervalued, it is critical to challenge that rating, so that you secure full and fair benefits for your injuries. Keep reading for information about steps to take in challenging your rating.
Workers’ Compensation Benefits Calculation
Factors to be considered when calculating your workers’ compensation benefits include the following:
- Your disability rating
- Your age
- Your occupation
- The amount of income you were earning at the time of your injuries
- Whether or not your employer offered you employment within your work restrictions
Steps You Can Take To Challenge Your Disability Rating
If you do not have an attorney and you disagree with your disability rating, you can request a reconsideration of your rating. Your request will only be approved if you can show that mistakes were made during the evaluation or rating process.
You may also be able to get a second opinion about your injuries and how they impact your ability to work. For a second opinion, you will need to submit a form to request a qualified medical evaluator panel.
If you are unsuccessful in the aforementioned attempts to get a more accurate disability rating, you may argue your case to a workers’ compensation judge. To succeed in your argument, you will need to gather and present material evidence proving that your disability rating was inaccurate.
How We Can Help You Secure Maximum Benefits
Employees with permanent disabilities who are represented by an attorney often recover significantly more compensation than injured employees without legal representation. This is why it is especially important for those who have sustained permanent and serious injuries to be represented by an attorney.
If your injuries have impacted your ability to earn a living, your disability benefits will be critical to your future financial security. When we represent injured employees with undervalued disability ratings, our first step in challenging your rating is to negotiate settlement terms with your claims administrator.
If the claims administrator does not agree to settlement terms that fully and fairly compensate you, we will take the next step in our fight for a fair and accurate rating. After gathering all of the necessary evidence, which may include additional medical evaluations and opinions, we will present your evidence and argue your case to a workers’ compensation judge.
Workers’ Compensation Disability Rating System
The disability rating system is complicated and often overwhelming to injured employees. As previously mentioned, securing the compensation you deserve can be difficult if your rating is inaccurate. Fortunately for injured employees, you do not have to accept your initial rating without a challenge.