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Workers Comp: Is your Injury a Permanent or Temporary Disability

Temporary or Permanent Disability

If you have been injured on the job, money and lost wages are issues that can not be ignored.  In California, there are systems in place to provide funds for injury recovery and supplement lost income. The type of disability you are eligible for will determine what type of disability benefits you will receive.

Through California Workers Compensation Law, you have the right to file a claim through your employer. If your claim is awarded, you can receive a certain amount of financial support, depending on the severity of your injuries. Within a workers comp claim, you will get labeled with certain terms as you progress through the required assessments and exams. Those assessments will determine if you are temporarily or permanently disabled.

Permanent Disability

Workplace injuries resulting in permanent or total disability is difficult to prove and obtain. These include-

  • Severe Brain injury
  • Paralysis
  • An amputation of an arm, hand, foot or leg
  • Loss of limbs
  • Spinal cord injuries with severe paralysis
  • 2nd and 3rd  third-degree burns over at least 25% of the body or at least 3rd degree burns over 5% or more of your hands and face
  • Total or industrial blindness
  • Other catastrophic injuries

If you are awarded permanent disability status, it means that you are not expected to recover from your injuries. This will be verified by medical professionals, and other experts. Generally, your level of reimbursement (calculated from your salary before the incident) will be lower with permanent than with temporary disability. However, it lasts much longer.

Temporary Disability

If you have been injured on the job and expect to make make enough of a recovery to continue work at a future date, there are different levels of temp disability.

  • Temporary Partial Disability: This type of claim can be filed when you can only complete part of your regular duties and so your employer cannot offer you the same wages or hours. You will receive a supplementary income of ⅔ of whatever wages and benefits you have lost as a result of the injury.
  • Temporary Total Disability: A temporary total disability is when you cannot perform any of your regular work duties. If you qualify for a temporary disability claim, usually you will receive a bi-monthly check of ⅔ of your normal income until you can get back to work.

CONTACT A PERSONAL INJURY ATTORNEY, CONTACT KJT LAW GROUP

If you are just starting the process, be sure to keep a thorough record of all your medical bills and expenses, plus any and all details you can remember about your accident. Plus, we recommend you speak with an experienced Workers Comp attorney, as soon as possible.  

As you focus on your physical and emotional recovery, working with a professional who understands the complexities associated with California Worker Comp Law will improve the chances of you receiving your rightful compensation. Let the professionals at KJT LAW GROUP help. Call us at (818) 507-8525 or email us at info@KJTLawGroup.com for a free consultation. We will go over all the facts of your case and recommend the best ways to move forward.

 

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