Requisites in Getting Permanent Disability Benefits
Being disabled, specifically a condition of permanent disability brings disadvantages to people especially to those who are supporters and providers of the family. Thinking that you cannot do a job and enjoy life like before is definitely a burden you would not want to happen.
Permanent disability is an impairment of physical or mental ability of a person for an indeterminable time, which enables him/ her to perform a normal work or do non work-related activities. Permanent disability laws were created to help person who are permanently impaired.
Although there are cases when a person can do task despite his/ her physical impairment, if it is considered stable, he/she is still deemed to be permanently disabled.
Once a person is considered permanently disabled, he is entitled of benefits. And the benefit amounts are set by permanent disability laws.
The benefits that will be paid are based on three factors:
- Rating of your disability
- The date you were injured
- Your wages before you got injured
Qualifications for Benefits
To qualify for the benefits, you should make sure that you file a claim form (DWC1) that your employer will give you within one day of knowing that you were injured.
Filing the claim would ensure that you will get benefits. This includes:
- Up to $10, 000 worth for medical treatment
- Present and future lost earnings
- Pain and suffering
- Punitive damages, in some cases
If you fail to file a claim within one year from the date you got injured, you may not be able to get these benefits.
Computation of disability rating and how it is paid
Your doctor or physician will determine if your injury caused permanent disability. Your PD rating on the other hand will determine the benefits you will receive.
- After the doctor has examined you, he will hand you a medical report regarding your impairment.
- The impairment number will be calculated through a specialized formula to know the percentage of disability.
- The percentage disability equals a certain dollar amount, which depends on the date of your injury, and your average weekly salary at the time of your impairment.
- The Disability Evaluation Unit will provide you a rating specialist who will help you calculate your rating.
- The claims administrator will estimate how much benefits you will receive and when are you going to receive the payments. You will get benefits even if your percentage disability has not been calculated.
- The administrator will begin paying you within 14 days after temporary disability ends. The payment will continue until an estimation of your disability amount has been paid.
- If the claims administrator sent a late payment, he/ she must pay you 10% additional, even if there is a reasonable excuse for the delay. If there is no valid reason for the delay, you will be awarded with substantial extra payment.
Other disabilities and benefits
Temporary Total Disability - this is when an injured worker cannot perform a work during a period of time. This disability is payable when the person with such condition is under active medical care and has not yet reached the “maximum medical improvement.”
Once he/ she reached the maximum medical improvement, it is no longer considered as temporary total disability.
Temporary Partial Disability - this is when an individual can do some work but is still recovering from impairment and he/she is temporarily limited to only an amount of work that he/ she is able to perform.
Permanent Partial Disability - this is a permanent condition but do not cause the worker to be totally unable to work.
Our Disability Specialties
5723 Melrose Ave. #103
Los Angeles, CA 90038
- Tel No: (310) 921- 7050
- Email: [email protected]