Workplace harm impacts people working in a variety of positions and industries. While many injured employees recover relatively quickly, others experience continuing harm. Long-lasting impairments can cause a devastating loss of income, but fortunately, the California workers’ compensation laws dictate that people who sustain permanent partial or total disabilities can recover benefits for their losses. If you suffered harm while working, you might be owed benefits, and it is in your best interest to speak to a lawyer. Riverside workers’ compensation attorney Joseph Richards of Law Office of Joseph Richards, P.C. dedicates his practice to helping people who were injured at work seek any benefits they may be owed, and if you hire him, he will diligently pursue the best possible outcome in your case. We have offices in Santa Ana and Corona, and we represent parties in workers’ compensation claims and other matters in Riverside and San Bernardino County and throughout California.
Permanent Partial or Total DisabilitiesCalifornia workers’ compensation laws dictate that certain people who suffer harm while working can recover benefits. Notably, the laws only apply to employees, which means that independent contractors, volunteers, and other enumerated workers do not meet the eligibility requirements. Further, the harm must be work-related.
Parties that meet the eligibility requirements may be able to recover medical benefits to treat, and hopefully cure, their injuries or illnesses. Those with long-term injuries may not be able to make a full recovery, however. If an employee stops improving, their condition will be referred to as stationary and permanent. At that point, the employee is considered to have reached maximum medical improvement, and their primary treating doctor should write a permanent and stationary report that describes their precise medical problems and the limitations on the work they can perform. The report should also estimate how much of the worker’s disability was caused by the job as opposed to other factors, and whether their injury or illness prevents them from earning an income or inhibits their ability to complete the job duties that they could perform prior to their harm. The employee will then receive a rating that defines the extent of their disability.
Permanent Partial and Total Disability BenefitsAn employee deemed permanently disabled, either partially or completely, may be owed permanent disability benefits. Permanent disability benefit amounts are based on numerous factors established by law, including the employee’s disability rating, the date of harm, the employee’s wages prior to the harm, and whether the employer offers the employee work that meets certain requirements.
Employees that have permanent partial disabilities may be eligible to receive the total disability benefit amount, distributed over a certain number of weeks. Those that have permanent total disabilities may be eligible to receive permanent disability benefits for the remainder of their lives. Permanent disability payments cease when the employee reaches the maximum amount recoverable by law or when they settle their claim and receive a lump sum payment. It is important to note that any lump sum received will be reduced by the permanent disability benefits already paid, including any lump sum advances. Generally, if an employee was receiving temporary disability benefits, their first permanent disability payment is due within 14 days after their last temporary benefit payment. If they were not receiving temporary benefits, the first permanent disability benefit payment will be paid within 14 days of when the claims administrator determines the employee has a permanent disability.
Meet With a Trusted Riverside County Workers’ Compensation AttorneyWorkplace injuries can cause enduring physical and emotional trauma, and people who lose the ability to earn an income because of a workplace injury or illness can often recover workers’ compensation benefits. If you were injured at work, you might be entitled to permanent partial or total disability benefits, and you should meet with an attorney as soon as possible. Joseph Richards of Law Office of Joseph Richards, P.C. is a trusted Riverside workers’ compensation attorney who is proficient at helping claimants seek the maximum benefits available, and if he represents you, he will advocate zealously on your behalf. We have offices in Santa Ana and Corona, and we represent parties in workers' compensation claims and other matters in Riverside and San Bernardino County and throughout California. You can reach us via our online form or at (888) 883-6588 to schedule a free and confidential meeting.