Workers’ compensation is a statutory benefit that provides basic benefits of medical care and compensation for time off work due to an injury that occurred on the job.
If you have permanent problems from your injury you may be entitled to a permanent disability award. The award is based on a finding of whole person impairment from the American Medical Association Guidelines to Permanent Impairment. The percentages are based on measurements, diagnosis, and pain. The number then is adjusted for age, occupation, and diminished future earning capacity. The adjusted percentage ultimately results in a number of payments over time (see useful pdf documents permanent disability chart) In return for providing benefits without requiring the employee to prove the employer is at fault the employer receives immunity from a civil claim brought by the employee for the injury. That is, the employee could not file a civil action against the employer for negligence (unless they are uninsured). The employee’s exclusive remedy is the workers’ compensation benefits. Last, there is a retraining voucher available if you are permanently impaired and cannot return to your date of injury job.
It is important to protect your legal rights and problems are easier to avoid than to undo. Call (916) 922-9902 to speak with a Workers’ Compensation attorney who will answer all your questions and provide a clear plan of action with your workers’ compensation and/or social security disability claim. Call Workers’ Compensation attorney Tom R. Johnson today.