What are an injured employee’s rights to permanent disability?
If an employee does not fully recover, an injured employee’s rights to permanent disability become the most critical component of a Sacramento workers’ compensation attorney’s job in representing the client.
Fortunately, most workers recover entirely from their job injuries. For those employees who do not fully recover, the resulting injury is characterized as permanent disability. Stated more technically, permanent disability (PD) is any remaining disability that results in a reduced earning capacity after maximum medical improvement is reached. If an employee’s injury or illness results in permanent disability, they are entitled to permanent disability benefits even if they can return to work.
Whether or not an employee is considered to have a permanent disability caused by an on-the-job injury is initially determined by a doctor. Generally, a doctor does not decide if there is a permanent disability until the injury or illness has stabilized, and no change is likely. A common phrase to describe this status is when the condition is determined to be permanent and stationary (P&S). Some doctors are now using a similar word, “maximal medical improvement” (MMI), to describe this status. Once an employee is permanent and stationary, the physician must send a report to the claims administrator telling them that the employee has a permanent disability as opposed to just a temporary disability. The doctor must also determine if any part of the disability was caused by something other than the work injury. This is sometimes referred to as “apportionment.” Typical apportionment examples would be from a previous injury or other condition.
Another significant result of being declared permanent and stationary is that your temporary disability payments will likely stop at this point. If you probably have a permanent disability, you may be eligible for permanent disability advances from this point. Suppose there is a dispute as to having a permanent disability likely; of you, your permanent disability is minimal. In that case, whether you will, you may find your income being shut off completely. Consequently, it is usually a good idea to have a workers’ compensation attorney handling your case to help during this transition period.
How is a permanent disability rating calculated?
Doctors who examine you for rating purposes must write a medical report about your impairment. Impairment is a way of describing how your everyday life activities are changed or impacted. In the written report, we request the examiner also to include whether any portion of your disability was caused by something besides your work injury. Typically, the doctor will also have an impairment number in the report.
If the report appears to be accurate, we utilize the impairment number in a formula to calculate your percentage of disability. Disability (in this context) means how the impairment affects your ability to work. Your age at the time you were injured, future earning capacity, and occupation all factor into the ultimate calculation. The portion of your disability caused by something else, if any, is then factored out of the total, and a percentage is attributed to the rating. The amount of money you receive for your disability is then determined using that percentage as one of the primary components.
Return-to-Work Supplement Program
Employees receiving a supplemental job displacement benefit voucher may also qualify for a one-time payment of $5,000. This check can be used to replace the earnings lost to injury.
Eligibility For RTWSP payment:
- The applicant’s date of injury must be on or after January 1, 2013.
- The applicant must have received an SJDB voucher for that injury. The voucher must be uploaded as part of the RTWSP application.
- RTWSP must receive your application within one year from the date you were mailed the SJDB voucher.
You will need to include the following in your application:
- The entire SJDB voucher, including proof of service (upload as a .pdf or .tiff format)
- Adjudication (ADJ) number: If you’re unsure what your ADJ number is, use the public search function.
- Workers’ Compensation claim number
Click here to begin the online application for the Return-to-Work Supplement Program.
Every Division of Workers’ Compensation office also has the application available at an on-site kiosk. Click here for office location information.
For more information on the Return-to-Work Supplement Program, visit the Department of Industrial Relations site here.
If you have questions about calculating your permanent disability or believe you are not being compensated adequately for your injuries, please do not hesitate to contact one of our Sacramento workers’ compensation lawyers for a free consultation.