Permanent disability is an extremely complex and important topic in the context of personal injury law, especially in a state like California, where thousands of injuries occur daily that can have long-term consequences. According to the Centers for Disease Control and Prevention more than 24 percent of American adults have some form of disability, which speaks to the importance of adequately understanding this issue. In this blog, we’ll focus on how permanent disability is defined, which injuries most commonly lead to this diagnosis, and how catastrophic injury attorneys like Bojat Law Group can help injured clients in Los Angeles and surrounding area.
What Is Considered a Permanent Disability
A permanent disability (PD) refers to a physical or mental condition that permanently limits an individual’s ability to perform daily activities or do their job. The definition may vary depending on the legal, medical and insurance context. In California, the law particularly emphasizes the connection between the injury and its impact on the victim’s life.
According to CDC statistics, permanent disability most often results from:
- spinal cord injuries,
- traumatic brain injuries (TBI),
- amputations,
- severe fractures, or
- chronic illnesses
These injuries can have a long-term effect on a person’s ability to earn a living and to maintain daily life.
Most Common Causes of Permanent Disability
Cities like Los Angeles, with high traffic density and a large number of construction projects, are high-risk areas for serious injuries. Some of the most common causes include:
- Traffic accidents: Accidents involving cars, motorcycles, and trucks often lead to spinal cord injuries, traumatic brain injuries (TBI), and amputations.
- Work-related injuries: Especially in the construction industry, where falls from heights, injuries from heavy machinery, and exposure to dangerous substances can cause permanent disability.
- Medical malpractice: Wrong treatment or diagnosis can lead to an irreversible health condition.
- Slips and falls: In public or private spaces, falls often cause serious fractures or head injuries that can have lasting consequences.
How Is Disability Determined
Permanent disability is assessed by a medical evaluation that includes the following factors:
- Medical condition described in relevant medical reports.
- Date of injury.
- Age of the injured worker.
- Occupation of the worker at the time of the injury.
- Apportionment of the causes of disability between work and other factors.
- Adjustment factor for diminished “future earning capacity.”
A rating of 100% indicates complete permanent disability, while a rating of 1% to 99% indicates partial permanent disability. If you disagree with a doctor’s assessment, you have the right to file an objection and request an expert assessment by an independent medical evaluator (QME) or an appointed medical evaluator (AME).
Types of Compensation Available for PD Victims
For injuries resulting in permanent disability, two forms of settlement are possible:
Compromise and Release: One-time payment of all PD benefits, including estimated future medical care costs.
Stipulation with Request for Award: Periodic payments with retention of rights to future medical care. Workers have the right to receive copies of all medical reports and to request a revision if they are not satisfied with the conditions offered.
Workers have the right to receive copies of all medical reports and to request a revision if they are not satisfied with the conditions offered.
Legal Aspects of Permanent Disability in California
In California, the law recognizes the right of victims to compensation for the following:
- Medical expenses: Current and future medical expenses are covered.
- Lost earnings: Compensation for inability to work due to disability.
- Pain and suffering: Compensation for emotional trauma.
- Home Adaptation: The cost of adapting a living space to the needs of a disabled person.
It is important to note that California uses a comparative negligence system, which means that a victim can receive compensation even if they are partially responsible for the accident, but the amount will be reduced proportionally to the degree of fault.
The Path to Achieving Your Rights
Understanding the process of permanent disability in California can be challenging. As experienced attorneys in Los Angeles, we know that the key to successful enforcement of the law is timely action and professional support.
The permanent disability benefit system exists to protect your rights, even if you can return to work. Do not let the complexity of the system endanger your future. Our team is here to help you navigate through the process – from medical evaluation to settlement negotiations.
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