Temporary vs. Permanent Disability: What’s the Difference in Workers’ Compensation?

When you’re injured on the job, one of the key considerations in your workers’ compensation claim is whether your injury results in temporary or permanent disability. Understanding the difference between these two types of disability is crucial for ensuring that you receive the appropriate benefits under California’s workers’ compensation system. At Laguna Law Firm, we specialize in helping injured workers navigate the complexities of disability claims and secure the benefits they deserve.

What Is Temporary Disability?

Temporary disability benefits are designed to replace a portion of your lost wages if you’re unable to work due to a work-related injury or illness. These benefits are provided while you’re recovering from your injury and are intended to help you financially during your recovery period.

There are two types of temporary disability benefits in California:

1. Temporary Total Disability (TTD): If your injury prevents you from working at all during your recovery, you may be eligible for TTD benefits. These benefits typically amount to two-thirds of your average weekly earnings, up to a maximum amount set by law. TTD benefits continue until your doctor determines that you have reached maximum medical improvement (MMI), meaning your condition has stabilized and is unlikely to improve with further treatment.
2. Incapacidad Temporal Parcial (TPD): If you’re able to return to work in a limited capacity (such as light-duty work) but are earning less than you did before your injury, you may be eligible for TPD benefits. These benefits are designed to make up the difference between your pre-injury wages and your current earnings.

Temporary disability benefits are generally available for up to 104 weeks within a five-year period from the date of your injury. In certain cases, such as severe burns or chronic lung disease, benefits may be extended to 240 weeks.

What Is Permanent Disability?

Permanent disability benefits are provided if your work-related injury or illness results in a lasting impairment that affects your ability to earn a living. Unlike temporary disability benefits, which are intended to cover you during your recovery, permanent disability benefits are designed to compensate you for the long-term impact of your injury.

Permanent disability is assessed after you have reached maximum medical improvement (MMI). At this point, your doctor will evaluate your condition and determine whether you have any permanent limitations or impairments. If so, you will receive a disability rating, which is expressed as a percentage.

Your disability rating plays a crucial role in determining the amount of permanent disability benefits you’re entitled to. The higher your disability rating, the greater the impact of your injury on your ability to work, and the more compensation you may receive.

Permanent disability benefits can be provided in one of two forms:

1. Incapacidad permanente parcial (IPP): If you have a permanent impairment but are still able to work in some capacity, you may be eligible for PPD benefits. The amount of these benefits is based on your disability rating, your age, your occupation, and other factors.
2. Permanent Total Disability (PTD): If your injury leaves you unable to work at all, you may be eligible for PTD benefits. These benefits are typically paid for life and are based on your pre-injury wages.

How Disability Ratings Are Determined

In California, disability ratings are determined using the American Medical Association (AMA) Guides to the Evaluation of Permanent Impairment. The rating considers the nature of your injury, the extent of your impairment, and how it affects your ability to perform work-related tasks.

Your disability rating may also be adjusted based on factors such as your age and occupation. For example, a young worker with a physically demanding job may receive a higher disability rating than an older worker in a sedentary occupation, even if they have the same physical impairment.

If you disagree with the disability rating assigned by your doctor, you have the right to request a Qualified Medical Evaluation (QME) or an Agreed Medical Evaluation (AME) to obtain a second opinion.

Cómo puede ayudar el bufete de abogados Laguna

At Laguna Law Firm, we understand the complexities of temporary and permanent disability claims and the importance of securing the appropriate benefits for your injury. Our experienced attorneys can help you:

• Evaluate Your Claim: We’ll review the details of your injury and work with your medical providers to ensure that your disability is accurately assessed.
• Challenge Unfavorable Ratings: If you believe your disability rating is too low, we can help you request a QME or AME to obtain a second opinion.
• Negociar con la compañía de seguros: Nos ocuparemos de todas las comunicaciones con la compañía de seguros y negociaremos en su nombre para obtener las máximas prestaciones.
• Representarle en los recursos: Si su reclamación es denegada o si le ofrecen menos de lo que merece, podemos representarle en recursos y vistas para luchar por sus derechos.

Conclusión

Understanding the difference between temporary and permanent disability is crucial for ensuring that you receive the appropriate benefits under California’s workers’ compensation system. Whether your injury results in temporary limitations or a lasting impairment, Laguna Law Firm is here to help you navigate the complexities of the system and secure the benefits you deserve. If you’ve been injured on the job, contact us today for a free consultation to discuss your case and learn more about how we can assist you.