Long Beach Permanent Disability Workers’ Compensation Lawyer

Every year, thousands of people suffer injuries at work in California, and state law requires most employers to purchase workers’ compensation insurance to account for these incidents. If you were hurt while performing your job duties in Long Beach, CA, you likely have the right to claim workers’ compensation benefits through your employer’s insurance policy. However, there is always a chance to encounter unexpected issues with a work injury claim. This is especially true if you suffer a severe injury that causes a permanent disability.

Experienced Legal Representation for Workers’ Compensation Claims for Permanent Disability in Long Beach, CA

If you or a family member is struggling with any work-related injury that has caused permanent harm, you need legal counsel you can trust on your side to recover the benefits you legally deserve. If the injury occurred while you were performing your job duties, state law dictates that you have the right to file a workers’ compensation claim, even if you have been permanently disabled. Your employer’s insurance company may fight your claim, and you may encounter problems with your employer as well.

The Pratt Law Corporation has years of experience helping clients in Long Beach and surrounding communities navigate the workers’ compensation claim filing process, including many past cases pertaining to permanently disabling injuries. You are already facing a very stressful situation as you confront the long-term or permanent effects of your injury, so it is understandable to feel daunted by the additional legal challenges you are likely to face in your recovery efforts. We can provide the guidance and support you need in this situation, helping you secure the workers’ compensation benefits you rightfully deserve.

How to File Your Workers’ Compensation Claim in Long Beach

Almost every employer in the state must have workers’ compensation insurance, and almost every employee is covered by this insurance if they suffer an injury at work. If your injury happened while you were performing work-related duties, you have the right to file a claim for workers’ compensation benefits. You must file your claim in a timely manner, and it’s typically wisest to notify your employer right away of any injury at work. When it comes to injuries that cause permanent disability, these are often emergencies, and the victim will need to seek medical care right away. The employer is required to create a formal incident report of the injury and provide the injured worker with the materials they need to submit their claim for workers’ compensation benefits.

An injured worker can see whatever doctor they want in an emergency, but as part of their claim filing process, they will need to see a doctor approved by their employer’s insurance carrier for a formal medical evaluation. This workers’ compensation physician will assess the severity of their injuries and determine the level of long-term or permanent disability they face. The higher the injured employee’s rating, the more they can receive in benefits.

After completing the medical review and other preliminary requirements of the claim, the injured worker can proceed with submitting their claim to the insurance carrier. Similar to any other type of insurance claim, the insurance company will review the claim and investigate to determine that the claim is legitimate. If the claimant is approved, the insurance company will send them a determination of benefits that outlines the compensation they will receive.

Benefits Available for Work Injuries

Workers’ compensation laws are in place to protect employees. The average injured worker who is approved for workers’ compensation benefits can expect two types of compensation from their employer’s insurance carrier. First is coverage for medical expenses. The insurance company will pay for all medical care the claimant needs to recover as fully as possible from their injury. This includes healthcare expenses like hospital bills and the cost of future rehabilitative treatment they might need to reach maximum medical improvement from their injury.

The second type of compensation comes in the form of disability benefits. These are paid weekly in either partial or total disability benefits. Partial disability benefits are reserved for claimants who retain the ability to continue working but at a limited earning capacity due to their injury. If you can still work but cannot earn as much income as you did prior to the injury, you are likely to qualify for partial disability benefits.

Total disability benefits are paid to claimants who cannot work at all because of their injuries, usually at about 66% of their average weekly wage. So, if a claimant made about $1,200 per week prior to their injury, they could expect roughly $800 per week in disability benefits until they can go back to work. Most claimants will qualify for up to 104 payments, and they can spread these payments out over a five-year period if necessary. However, when it comes to permanently disabling injuries, victims may qualify for an extension of their disability benefits.

California law requires an injured worker to exhaust their temporary disability benefits before they can receive permanent disability benefits. Once they have received 104 weeks’ worth of temporary disability benefits, they will need to undergo a review to determine if they qualify for extended permanent disability benefits. If approved, these weekly benefits can continue until they reach retirement age.

What Qualifies as a Permanent Disability?

A permanent disability is any disability that will not improve over time. Any catastrophic work injury has the potential to be permanently disabling, and the victim could be unable to return to their job in the future or work at all. Recovering workers’ compensation benefits for a permanent disability can be challenging, but an experienced attorney can ensure you receive appropriate compensation to reflect the severity of your condition.

A few of the most commonly cited types of permanently disabling injuries that can lead to permanent workers’ compensation benefits include:

• Amputation of a body part.
• Permanent loss of vision.
• Extensive nerve damage.
• Severe musculoskeletal injuries that require surgical reconstruction.
• Traumatic brain injuries that have permanent effects.
• Spinal cord injuries resulting in paralysis.
• Cancer acquired from work conditions.
• Severe respiratory illness acquired from work conditions.
• Severe damage to the knees or other joints.

If you are unsure whether an injury at work will qualify for permanent disability benefits, it is important to understand how the medical review process works for the purposes of workers’ compensation determinations. You need an evaluation by a doctor your employer’s insurance carrier has approved before you can receive any workers’ compensation benefits for your injury.

During this medical review, the physician will evaluate your injury and the scope of its effects. They will assign you a disability rating based on their findings, and this rating will determine how much you can receive in benefits.

What Is the Maximum Permanent Disability Benefit?

The amount you receive in workers’ compensation benefits depends on the severity of your injury and the level of functional capacity for work that you retain. If you are deemed 100% disabled by your injury and the workers’ compensation doctor determines that you will be unable to return to work in the future, you can qualify to receive about two-thirds of your average weekly wage every week for the rest of your working life. If you are deemed less than 100% disabled, but your condition will not improve, and it limits your earning power, you could qualify for partial disability benefits.

If you qualify for partial disability benefits, you can work at your capacity while continuing to receive weekly benefits payments. However, you must report all your earnings to the insurance carrier, and your benefits payments will be based on how much you are still able to earn. Failure to meet your reporting requirements and/or report any improvements to your medical condition to the insurance company could lead to an accusation of workers’ compensation fraud and severe penalties.

Can You Claim Workers’ Compensation Benefits for PTSD and Other Mental Health Issues?

Under the California Workers’ Compensation Act, psychiatric conditions resulting from work are compensable under workers’ compensation insurance. This means that if you develop post-traumatic stress disorder (PTSD) or other mental health complications from your work duties, you have as much right to claim workers’ compensation benefits as you would for a physical injury from work. However, you will face a more challenging task of proving the condition directly resulted from your work and proving that the condition prevents you from working.

An experienced Long Beach workers’ compensation attorney is an essential asset if you intend to file a claim regarding a mental health condition. These cases are more challenging to prove because the claimant has no physical evidence to support their claim; they typically need to undergo various mental health screenings and counseling sessions to prove the severity of their condition, and they must also prove the condition directly resulted from their work. Your attorney can help gather whatever evidence you need to prove that your PTSD or other mental health condition was a direct result of performing your job duties.

Further Legal Recourse Beyond Workers Compensation

Any permanently disabling injury can be damaging and traumatic, and workers’ compensation alone may not fully cover the extent of the damages you experienced from this type of injury. However, the law generally prevents injured workers from filing personal injury claims against employers for workplace injuries. The only exceptions would be if the employer did not purchase workers’ compensation or if they intentionally caused the injury somehow.

Alternatively, the injured worker could have grounds to file a third-party personal injury claim. If any party not associated with your employer caused your injury, you could file a claim for workers’ compensation benefits if the injury occurred while working. However, you would then have grounds to proceed with an additional civil suit against the at-fault third party. This can potentially help you recover compensation for damages that workers’ compensation does not cover.

You can typically expect full medical expense coverage from your employer’s insurance company and part of the income you lost in the form of ongoing disability benefits. If you have grounds to file a third-party personal injury claim, this can significantly enhance your overall recovery, especially if you have suffered any permanently disabling injury. You can seek compensation for the lost income that workers’ compensation does not provide and recompense for your pain and suffering. There are no limits to pain and suffering compensation in most California personal injury claims, so if you suffered a permanent injury of any kind due to the defendant’s actions, your pain and suffering award could amount to more than the total of all your other economic damages.

Find Legal Counsel You Can Trust

The aftermath of any workplace injury in California can be difficult to navigate, especially if the injury caused any permanent disability. The right attorney can help make a clearer sense of your situation and prepare for the difficult legal proceedings ahead as you seek compensation for the harm you suffered. Pratt Law Corporation excels at resolving complex work injury cases, and we are ready to apply our experience and resources to help you recover.

We take time to listen to each client’s unique needs and concerns, developing comprehensive and individually tailored legal strategies in every case we accept. We know that no two work injury claims are alike, and no two injured workers face the same challenges in their recovery efforts. We can provide guidance and support through all proceedings you face in the aftermath of a serious work injury. If you have been permanently disabled, we will do everything we can to maximize your recovery to the fullest extent possible under California law.

There is a time limit for filing your claim, and connecting with an attorney as soon as possible ensures they have as much time as possible to work on your case. Learn how a Long Beach workers’ compensation attorney can help you in the aftermath of a permanently disabling injury; contact Pratt Law Corporation today and schedule your free consultation with our team.