Legal Question in Workers Comp in California

Permanent disability benefits are based on the date of your injury, your level of permanent disability, whether you returned to work and your income. These numbers are part of a schedule created by the State. For instance, if your injury occurred in 2009, your permanent disability (computed from a complicated formula) is 10% and your employer did not have work available to you because of your disability, you would be entitled to a permanent disability benefit totaling $7705.41.

You cannot sue for pain or suffering or the negligence of your employer (except in very rare circumstances).

I strongly encourage you to consult with a workers' compensation attorney in your area. You can locate one at the California Applicant Attorneys Association website at www.caaa.org.

Your permanent disability is generally based on a rating done by an expert doctor who could be a QME(Qualified Medical Examiner) or AME (Agreed Medical Examiner) calculated based on part of body injured, your job classification and age. Don't under-estimate the value of the future medical treatment such as surgeries that some times may be more than your permanent disability ratings. Feel free to call us at 213.388.7070 for a free consultation.