Qualifying Factors for Receiving Permanent Disability Benefits
Permanent disability benefits fall under the workers’ compensation umbrella in the State of California. This means that in order to understand the qualifying factors of receiving permanent disability benefits, one must understand the rules and regulations relating to workers’ compensation in the State. Under the State of California, employees who do not make a full recovery from any work related injury or illness may qualify for permanent disability benefits. Further, even if a victim’s condition has stabilized but he or she continues to experience pain resulting from the injury or illness, the victim may be entitled to seek continuing permanent disability benefits.
State Laws Concerning Permanent Disability Benefits are Subject to Change
If you have been injured at work due to an injury or illness that has left you with long-lasting suffering and pain, you may have the opportunity to seek compensation. If you are seeking to file a claim, however, it is important to recognize there are various laws that you must abide by in order to file for a claim. That being said, these laws can be subject to change at any time. One of the most fundamental tools for your claim will be obtaining the support of a qualified attorney. By considering the support of an attorney, you can ensure that your claim will have the best opportunity at being accepted.
Understanding the Basic Qualifying Factors of Receiving Permanent Disability Benefits
In the State of California, in order to qualify to receive permanent disability benefits, the victim’s primary physician must document that the patient’s recovery has reached a plateau. This means that the patient is not likely to improve on his or her condition, even while continuing his or her medical treatment. When a patient has reached a medical plateau, this is typically referred to as a maximal medical improvement, or MMI. This condition can also be referred to as permanent and stationary, or P&S.
It is important to understand that if a victim has reached a maximal medical improvement and has then returned to his or her place of work without any incapacitations, the victim will likely no longer receive temporary disability benefits. If the victim’s ability to work has been damaged due to his or her physical or mental limitations caused by the accident, then the victim can file to receive permanent disability benefits.
The Importance of Seeking Medical Attention Immediately in the Aftermath of an Injury or Illness
There are countless of cases where a worker has chosen to not seek medical attention in the immediate aftermath of being injured or suffering an ailment. Many times, due to the shock of the incident or the adrenaline rush of the event can prevent a person from feeling any immediate pain associated with the injury. It is always important to seek medical attention in the aftermath of an incident, even if the injury or illness seems insignificant. By seeking medical attention, the worker will help to establish a medical report, which will then provide the necessary documentation needed to file a claim.
The Bottom Line
An injury or illness will not always be immediately drastic and if the workplace injury has left you with long-lasting effects, you should know that you have the legal right to file for permanent disability benefits. With the help and support of a qualified attorney, you can have the opportunity to obtain restitution for your grievances. If you seek to file for permanent disability benefits, the Moga Law Firm can help. The Moga Law Firm has the dedication and experience necessary to help workplace injury victims file strong workers’ compensation claims.
Scot Thomas Moga, a dedicated attorney in San Bernardino & Riverside Counties who represents clients in the many types of personal injury, workers’ compensation and estate planning cases.
