At DuRard, McKenna & Borg, we help injured workers in the Bay Area with workers’ compensation, including permanent disability benefits.
Are You Eligible for Permanent Disability Benefits?
You may be eligible for permanent disability benefits if your workplace injury or illness has left you with lasting limitations that affect your ability to work. The amount and duration of benefits depend on the severity of your disability.
Factors considered in determining your benefits include:
- The part of your body that is injured
- The extent of your injuries
- The extent of your restrictions
- Your age and occupation at the time of injury
These factors are used to calculate a disability rating, which determines your benefits. Ratings between 70% and 100% may qualify you for an additional, but small, lifetime pension.
How the Disability Rating Process Works
- Permanent and Stationary (P&S) or Maximum Medical Improvement (MMI): The process starts when your doctor declares your condition as P&S or MMI, meaning you’ve received all possible treatments and your condition won’t improve further.
- Assessment of Work Ability: Your doctor will assess whether you can return to your previous job or if you have permanent restrictions preventing you from performing your duties. They will also determine how much of your injury is work-related.
- Notification and Evaluation: Your doctor will notify your employer or their insurance carrier about your permanent condition. Your case will then be reviewed by a Disability Evaluation Unit (DEU), Qualified Medical Examiner (QME), or Agreed Medical Examiner (AME), who will issue a permanent disability rating based on your medical records and the factors mentioned above. You have the right to receive and challenge this report if you disagree with it.
Legal Representation Matters
If you’re at the permanent disability rating stage and don’t have an attorney, contact one immediately. Time limits for actions at this stage are short, and the choice of examiner can significantly impact your case. An experienced workers’ compensation lawyer can help you choose a fair examiner and challenge the rating if necessary.
Contact Experienced Workers’ Compensation Lawyers
The permanent disability rating stage is crucial. We ensure you receive a fair rating that accurately reflects your disability and earning capacity. Our team speaks Spanish and English. We offer free initial consultations and work on a contingency fee basis, so you pay nothing unless we win your case.