Huntington Beach Permanent Stationary Disability Lawyer

Huntington Beach Permanent Stationary Disability Attorney

When an injured worker reaches “permanent and stationary” status in their medical treatment, it means they’re at a point in their care where their health status isn’t likely to improve anymore. When this happens, the next steps may become confusing. Working with a Huntington Beach permanent stationary disability lawyer can help explain your legal rights and options under California law.

Work With Experienced Workers’ Compensation Lawyers in California: Local Law Firm Near You

The attorneys at Canlas Law Group are passionate about helping our California neighbors and community members during difficult times in life. We know how overwhelming it can be when you’re faced with a lifelong injury or chronic pain. We’ve fought to secure:

• $425,000 for a sales clerk who suffered head and body injuries after a fall at work. We worked to secure not only her settlement but all necessary medical treatment for her full-body injuries.
• $103,000 for a delivery driver who suffered a back injury during a car accident. In addition to the settlement, we secured him all the necessary medical treatment as well as lifetime medical care.

Our team is here to help you navigate the complexities of your workers’ compensation case. We strive to ensure your rights are protected throughout legal proceedings.

Understanding Permanent Stationary Disability

In 2022, 7,664,913 adults in California were living with a disability. Of these residents, 3,394,985 were living with a mobility disability, and many were disabled at work. Boeing, Quicksilver, Cambro Manufacturing, and C & D Aerospace are among the top employers in Huntington Beach. In 2023, there were 363,900 cases of nonfatal workplace injuries and illnesses throughout California.

After going through the workers’ compensation process following a workplace injury, the final stage begins when your doctor reports that you’ve reached a permanent and stationary status. Permanent stationary disability happens when a doctor deems that an injured worker has reached maximal medical improvement. This is near the end of the workers’ compensation process. Your doctor will write a permanent and stationary report describing:

• Your specific medical problems
• The work restrictions you’ll need
• Any future medical care you may require
• Whether you can return to your original job
• How much of your disability was caused by your job, compared to outside factors

Your doctor will then send the report to the workers’ compensation insurance company. This report affects your future workers’ compensation benefits. Eligible workers in California may receive lifetime permanent disability benefits. To determine this, a rating system is used.

How Workplace Disabilities Are Rated in California

The rating system used to determine permanent disability benefits factors in the worker’s:

• Medical condition
• Date of the injury
• Age
• The nature of their job
• How much their disability was caused by their job versus outside factors

The year that the injury happened is important to the final calculation. A rating of 100% means that a person has permanent total disability. Anything below that rating is considered permanent partial disability. Most workers with disabilities in California are below 100%.

The permanent disability benefits you receive are based on your permanent disability rating, the date of your injury, the amount of money you made before your injury, and whether or not your employer offers you alternative work.

What to Do if You Disagree With Your Disability Rating.

If you don’t agree with your permanent disability rating, you have a right to challenge it. Your attorney should be able to negotiate with the insurance adjuster to adjust your disability rating.

If you’re unable to reach an agreement, a workers’ compensation judge will make the final decision on your permanent disability rating.

FAQs About Huntington Beach, CA Permanent Stationary Disability Law

What Is a Settlement in a Workplace Permanent Disability Case?

A settlement in a permanent disability case happens when an injured worker has their disability officially rated. The insurance company may then reach out to settle your workers’ compensation case and offer customized permanent disability payments, medical care, and potential changes in benefits if your condition improves or worsens.

They may also offer a lump sum payment that includes permanent disability payments and medical care. Hire a permanent stationary disability lawyer to review the offer and ensure fairness.

When Do I Start Getting My Permanent Disability Payments in California?

When you start receiving permanent disability payments in California depends on the classification of your disability. If you have a permanent partial disability, you can receive your full permanent disability benefits over a fixed number of weeks. If you have a permanent total disability, you can receive benefits for the rest of your life. If you are receiving temporary disability benefits, your first permanent disability payment should be paid within 14 days after your final temporary disability benefit payment.

What Happens to My Permanent Disability Payments if My Employer Gives Me an Alternative Job?

For those injured between 2005 and 2012 in a job with over 50 employees, your permanent disability payments may be affected if your employer offers you alternative work. This work must pay the same wages and benefits as your original role, meet your work restrictions, last at least one year, and be within commuting distance. If your employer offers this, your permanent disability payments will decrease by 15%. If they don’t offer this, your permanent disability payments increase by 15%.

What Happens if My Disability Payments Are Late?

If your permanent disability payments are paid too late, the claims administrator has to pay you an additional 10% of the payment. Even if there was a reasonable excuse for the delay and they sent you a letter explaining why, they still have to pay that additional 10%. If there wasn’t a reasonable excuse for the delay, you are eligible for 25% of each late payment, up to $10,000.

Hire a Permanent Stationary Disability Lawyer to Advocate for Your Legal Rights

Reach out to Canlas Law Group today to schedule your confidential consultation with one of our experienced attorneys. We seek to validate our clients’ lived experiences and work tirelessly to advocate for their legal rights. We’re proud to represent those living in Los Angeles County, Orange County, San Bernardino County, and throughout Southern California.