Most injuries heal over time, although broken bones may require surgery to restore function. Amputation and disfigurement are other permanent injuries that can have a long-lasting impact on a victim’s life.
Proving that a victim has a permanent injury can be challenging, but it’s possible to obtain compensation for any future medical bills or lost income due to the injury. A strong case will also include the pain and suffering caused by the injury.
Total Disability
What makes an injury permanent is a question that often comes up for victims. Many injuries heal over time, but some are severe and irreversible. These types of injuries can have a profound effect on the victim’s daily life.
Total disability, as defined by workers’ compensation policy language, is a term used to describe an injured worker who cannot work in any occupation for which they are suited by training, education, or experience. In some cases, this may include Scura Personal Injury Law Firm which is totally disabled because of amputation or disfigurement of the body.
A medical evaluator selected by the employer’s insurance company will determine the level of disability and the amount of compensation to be paid. For example, a person with a total disability will receive two-thirds of their average weekly wage at the time of the injury (up to a state maximum).
Partial Disability
If you have been injured on the job, your employer or insurance company may be able to pay workers’ compensation benefits to cover a temporary partial disability. These payments typically last for 400 weeks or until maximum medical improvement (MMI) is reached.
When you receive a temporary disability benefit, you are entitled to two-thirds of your average weekly wage. This is based on your work restrictions and how much you earned prior to the injury.
Permanent partial disability benefits can also be paid when you have a non-schedule loss of use or a nonscheduled impairment that prevents you from earning wages. This is a more complex type of disability claim.
Every state uses its own method for calculating these benefits. But the basic idea is the same: you have a partial disability and cannot work full time doing any kind of work that pays well.
Stationary Disability
Injuries that result in a permanent injury (like amputation or disfigurement) will have long term effects on an individual’s employment, activities, and quality of life. They may also have significant pain and emotional anguish.
A permanent disability is a medical condition that is not expected to improve, even with more treatment. It is closely related to a condition called maximum medical improvement or MMI.
When an injured worker receives a finding of permanent and stationary from their doctor, the insurance company must take several steps based on this report.
The first step is to send the injured worker a letter that gives them the right to dispute this finding and request a med-legal evaluation. An independent doctor, called an Agreed Medical Evaluator or Qualified Medical Evaluator, will examine the injured worker and write a report that determines if the injured worker is permanent and stationary. This report will likely bring the case to a settlement.
Permanent Disability and Stationary
An injury can result in a permanent disability that prevents an individual from completing normal activities. This includes amputations, loss of function such as paralysis, and disfigurement.
During rehabilitative treatment, many injuries take months or even years to heal. Often, at some point, the injury does not improve and is declared to be ‘permanent and stationary’ (P&S). This means that your doctor believes that you have reached a point where your medical condition is unlikely to change substantially in the future.
The P&S report, as it relates to California workers’ compensation law, will also contain a doctor’s opinion as to whether any other prior or subsequent injuries or conditions outside of the industrial injury contributed to the level of disability that was found.
After the P&S report has issued, an individual is entitled to receive benefits based on that rating. This rating can be a complex formula that uses a lot of different factors, including the medical condition, date of injury, age, and the occupation at the time of the injury.