Permanent Partial Disability Benefits in California Workers’ Comp Cases

No two work injuries are exactly alike, and the type of workers’ compensation benefits and individual receives depends entirely on their particular situation. The severity of some workplace injuries in California could lead to a person receiving permanent partial disability benefits. Understanding what these are, and if your situation calls for this type of benefit, can be helpful as you move forward with your claim. Please, however, speak to a skilled workers’ compensation attorney in San Bernardino if you have any questions about your claim.

What is Permanent Partial Disability (PPD)?

Permanent partial disability (PPD) benefits are awarded to workers who have sustained injuries that permanently limit their ability to perform certain work-related tasks but do not completely prevent them from working. PPD benefits are designed to compensate for the lasting physical impairment and the reduced earning capacity resulting from the injury.

In California, PPD is determined after an injured worker has reached maximum medical improvement (MMI), meaning their condition has stabilized and is not expected to improve significantly with further medical treatment. A doctor will evaluate the extent of the impairment and assign a disability rating, which is then used to calculate the benefits owed to the injured worker.

How is PPD Calculated?

Calculating PPD benefits involves several factors, including:

• Disability Rating. The disability rating, given as a percentage, reflects the extent of the worker’s impairment. This rating is determined using guidelines established by the American Medical Association (AMA) and is based on the doctor’s evaluation of the injury.
• Age and Occupation. The worker’s age at the time of the injury and their occupation are considered when determining PPD benefits. These factors can affect how the disability impacts the worker’s ability to perform job duties and earn wages.
• Weekly Earnings. The worker’s average weekly earnings before the injury are used to calculate the benefit amount. Higher pre-injury earnings can result in higher PPD benefits.

California uses a formula to convert the disability rating into a number of weeks of compensation. The weekly benefit amount is typically two-thirds of the worker’s average weekly wage, subject to minimum and maximum limits set by state law.

Steps to Obtain PPD Benefits

The process of obtaining PPD benefits in California involves several steps:

1. Report the Injury. Immediately report the injury to your employer. Prompt reporting ensures that your injury is documented, and the workers’ compensation process can begin.
2. Seek Medical Treatment. Obtain medical treatment and follow your doctor’s recommendations. Your doctor will play a crucial role in determining your disability rating.
3. Reach Maximum Medical Improvement (MMI). Once your condition has stabilized and is unlikely to improve further, your doctor will declare that you have reached MMI.
4. Receive a Disability Rating. Your doctor will evaluate your impairment and assign a disability rating. This rating is essential for calculating your PPD benefits.
5. File a Workers’ Compensation Claim. Submit a claim with your employer’s workers’ compensation insurance carrier. Include all necessary documentation, including medical records and the disability rating.
6. Negotiate or Appeal. If there are disputes regarding your disability rating or benefits, you may need to negotiate with the insurance carrier or file an appeal with the Workers’ Compensation Appeals Board (WCAB).

Understanding the PPD Rating Schedule

California’s PPD rating schedule is a critical component in determining the extent of benefits. The schedule assigns a value to various types of impairments, considering the severity and impact on the worker’s ability to perform job tasks. For example:

• Loss of Use. If an injury results in the loss of use of a limb, the rating schedule provides specific percentages for different body parts. For instance, losing the use of an arm may result in a higher disability rating than losing the use of a finger.
• Combination of Injuries. If multiple injuries are sustained, the ratings for each impairment may be combined using a formula to determine the overall disability rating.

The rating schedule aims to ensure consistency and fairness in awarding PPD benefits.

Importance of Legal Representation

Navigating the workers’ compensation system and understanding the intricacies of PPD benefits can be challenging. Legal representation can be invaluable in the following ways:

• Expert Guidance. An experienced workers’ compensation attorney can guide you through the process, ensuring all necessary steps are taken and deadlines met.
• Maximizing Benefits. An attorney can help you obtain an accurate disability rating and ensure you receive the maximum benefits to which you are entitled.
• Handling Disputes. If there are disagreements with the insurance carrier over your disability rating or benefit amount, your attorney can represent you in negotiations and appeals.

Call a San Bernardino Workers’ Compensation Attorney Today

If you have sustained a workplace injury that may result in permanent partial disability, it is crucial to understand your rights and options. At DiMarco | Araujo | Montevideo, our experienced team is dedicated to helping injured workers navigate the complexities of the workers’ compensation system. We are committed to securing the benefits you deserve. Contact us today for a free consultation to discuss your case and learn how we can assist you in obtaining PPD benefits.