California Workers’ Compensation – Permanent Disability explained.

California Workers’ Compensation – Permanent Disability explained.


hi my name is Michael Burgess and I’m an attorney I wanted to briefly go over what permanent disability is under a claim for workers compensation benefits now in workers comp if you’re injured at work and after you’ve had medical treatment if you go on to have a complete recovery and you have no residual disability or impacts on what’s referred to as your activities a day living basically you’re injured and you have a full recovery and workers comp you are not compensated for those damages now you are compensated if after your medical treatment you’ve not had a complete recovery that is you do end up with residual permanent disability now the word permanent disability is sort of a legal abstract what that means is if you end up with ten percent permanent disability it doesn’t mean you’ve lost 10% of your functional capacity or that you know if you’ve lost 50% disability rating that doesn’t mean that you’ve lost half of your ability to work or half of your ability to function it’s a legal abstract what that means is this it’s based on a few things it’s based on your injuries and the impact it has on something called the activities of daily living what that means is cooking cleaning grocery shopping running errands standing sitting for prolonged period of time personal hygiene getting dressed just the things you do every day now let me give you an example somebody’s injured at work and they injured their back now after treating they still have some back pain and that back pain still bothers them when they put on their shoes when they stand and take a shower or they cook or they try to carry groceries if they’ve not had a complete recovery and those injuries do still affect them in those activities of daily living then in workers comp they should be compensated for that permanent disability now it’s based on something called the AMA guides this is an American Medical Association book that you clot you the injuries are classified based on objective and subjective complaints now if it’s a psychological injury based on something called the gaffe scale which is based on symptom ology all of the permanent disability is based on medical evidence now sometimes I think I’m smarter than a doctor I’m not a doctor so I can argue in front of a judge two on blue that I think my client is perfectly disabled and has very severe permanent disability judge can’t even award it it’s all based on medical evidence so I have to have medical evidence indicating what if any permanent disability my client has and once again that permanent disability is based on impact on those activities of daily living and the classifications under the American Medical Association guidebooks and in a psychological injury it’s based on something called a gap scale but basically if you’ve not had a complete recovery you have potential permanent disability that is how an attorney works up your case to provide compensation for you now the permanent disability is not paid in a lump sum for instance if you’re a maximum wage earner currently and you have one percent disability it’s approximately around seven hundred dollars what that means is you’re paid approximately seven hundred dollars over a period of time and currently that’s paid at around two hundred thirty dollars a week you get that until that’s all paid out now in the for instance a ten percent disability case it’s approximately seven thousand dollars what you still get those checks for two thirty a week it’s just paid in a longer period of time so the greater the permanent disability you’ve sustained in a work comp injury the greater the amount of compensation you’re potentially entitled to and once again it’s generally not paid in a lump sum it’s paid overtime but as an attorney our goal is really a few things to do for you get you the best medical treatment we can get you and if after that treatments been completed and you’ve reached what’s called a maximum medical improvement state and you had you’re still having pain and symptoms that are affecting you in those activities the data living then we do our job to look at medically what classic would fall under those AMA guidebooks and really to try to lock in the greatest amount of permit disability to get you the greatest amount of compensation once again this is just gently touching on what permanent disability is and how you’re able to obtain compensation for that any specific questions feel free to give them office a call I’ll answer all your questions in detail our numbers below thank you

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