If you have recently filed a California worker’s compensation claim, you probably have questions about how to protect those benefits and what to do in the event of an appeal. There are several different types of disability benefits to which you might be entitled and having a consultation with a workers’ comp attorney can help you significantly.
Permanent disability benefits are those that are provided to California workers who do not fully recover from work-related illnesses or injuries. You could be able to receive long term permanent disability benefits if you have lasting limitations or pain caused by your injuries, even though your overall medical condition has stabilized. Your doctor must submit a report stating that your recovery has reached a plateau from which it is not expected that you will get better any further in the next 12 months even with additional medical treatment.
This is known as maximal medical improvement and once you have achieved this point in time, payments that you have received for temporary disability will end. If you have already gone back to work because you have made a full recovery and have no existing limitations, you are not eligible for permanent disability benefits.
However, if there are mental or physical limitations on the types of work that you can do, you could be entitled to these forms of benefits. The extent of your disability with dictate the amount of compensation you could receive for the lasting impacts of your illness or injury. Basic permanent disability benefits break down into total and partial payments. Total permanent disability is only available to you if you are not eligible to work in any capacity for the remainder of your life. For further questions about how California worker’s compensation works and how to handle your claim, contact a San Francisco lawyer today.