Permanent Disability Attorney in Van Nuys, CA
When a work injury results in permanent loss of function, even after medical treatment has run its course, California workers’ compensation provides permanent disability (PD) benefits. A treating or evaluating physician assigns a whole-person impairment rating, which is then converted — using statutory formulas that account for occupation, age, and other factors — into a percentage and a corresponding payment schedule under the Labor Code.
Key Points
- Rating is based on objective medical findings, your occupation at the time of injury, and your age — not simply a doctor’s general impression
- Disputes over the rating itself are common, and getting a second, independent medical opinion is often an important step
- Workers with job restrictions who are not offered regular or modified work may qualify for a Supplemental Job Displacement Benefit (a training voucher)
- A permanent disability award is separate from, and in addition to, any temporary disability already paid
Considerations
- The percentage assigned by the treating physician is not always final — a Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) opinion can be obtained when there’s a dispute
- Apportionment — attributing part of the disability to a prior injury or non-industrial cause — can reduce an award and is frequently contested
- Settlement options differ: a Compromise and Release pays a lump sum and closes the claim, while Stipulations with Request for Award leaves future medical care open
California Law Note
Permanent disability payments are calculated from a statutory schedule tied to the rating percentage and date of injury (Labor Code § 4658); the rating itself draws on the Schedule for Rating Permanent Disabilities, which incorporates the AMA Guides to the Evaluation of Permanent Impairment.
Related Questions
What benefits am I entitled to after a work injury?
California workers’ compensation generally provides four categories of benefits: medical care (treatment needed to reach maximum medical improvement, with no dollar cap), temporary disability (wage replacement while you can’t work), permanent disability (compensation for lasting loss of function), and a supplemental job displacement benefit (a training voucher if you can’t return to your usual job and aren’t offered modified work).
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