What is considered to be a permanent disability?

Permanent disability (PD) is any lasting disability from your work injury or illness that affects your ability to earn a living. If your injury or illness results in PD you are entitled to PD benefits, even if you are able to go back to work.

dir.ca.gov - DWC - I was injured at work - Permanent disability benefits

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Permanent disability benefits

What can I expect?

Most workers fully recover from job injuries but some continue to have medical problems. PD benefits are limited. If you lose income, PD benefits may not cover all the income lost. If you experience losses unrelated to your ability to work, PD benefits will not cover those losses. PD benefits are set by law. Your PD benefit amounts will be determined as follows:

The date of your industrial injury

Your primary treating physician or a doctor who is a qualified medical evaluator (QME) will examine you and determine your impairment level, which means how your injury affected your ability to work

Your impairment level will be expressed as a percentage

The percentage is used in a formula which also includes your age and occupation. For injuries on or after April 19, 2004, and prior to Jan. 1, 2013, the formula also includes diminished future earning capacity For dates of injury on or after Jan. 1, 2013, PD ratings will no longer take into account an injured employee’s future earnings capacity. In addition, injured employees will no longer be able to collect additional PD for sleep disorders or sexual dysfunction that did not result directly from those injuries. Additional PD for psychiatric injuries is limited to cases in which the physical injury is catastrophic or where the injured employee was the victim of or a witness to a violent crime A disability evaluator or the judge will calculate this formula and determine how much PD you are entitled to receive.

What if I disagree with the doctor’s report?

If you disagree with the doctor's evaluation of your disability status, you should contact the claims administrator to object to the report and to obtain a DWC form to request a panel of three QMEs. Within ten days after DWC sends you the panel of three QMEs, you must select one QME from the panel, make an appointment to be examined by the QME and inform the claims administrator which QME you chose and the appointment time. If you have an attorney, your attorney and claims administrator might agree on a doctor to resolve medical disputes. This doctor is called an agreed medical evaluator (AME).

Want to learn more? Find it in the guidebook

Did you know?

You can contact the Information and Assistance Unit if you have questions about benefits or call 1-800-736-7401 for recorded information A settlement is mutually agreed on by you and the claims administrator. There are two types of settlements: Compromise and release (C&R) – lump sum settlement Stipulation with request for award (stip) – sum of money with future medical treatment You have a right to receive a copy of the doctor's report and can request copies of all medical reports

You can find current rates on the benefits chart

Questions workers have:

March 2013

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What happens if you inherit money while on disability?

If you are set to receive an inheritance, you may be wondering, “does an inheritance affect Social Security disability benefits?” The short answer is no, receiving an inheritance will not affect your Social Security Disability Insurance (SSDI) benefits, but it can affect your Supplemental Security Income (SSI).

withevident.com - Does an inheritance affect SSDI? - evident

Social Security Disability Insurance, or SSDI, is government aid paid to an individual who becomes disabled that is funded by their previous payroll contributions to the Social Security trust fund. To receive SSDI, one must be eligible under Social Security’s definition of disabled. This “insurance” is made possible through contributions to FICA, either by yourself, a spouse, or a family member. (FICA stands for the Federal Insurance Contributions Act; it is a U.S. federal payroll tax deducted from each paycheck). In other words, if you are eligible for Social Security disability benefits, you have earned those benefits by working and paying payroll taxes to the Social Security Administration (SSA). The aid provided monthly is calculated through the worker’s lifetime average earnings by the SSA. SSDI can be given directly to you, or to your spouse or children. SSDI benefits could be reduced if you receive worker’s compensation benefits, but not necessarily for other sources of income or revenue (more on this below).

How is SSI different from SSDI?

The difference between the SSDI and SSI programs, or the Supplemental Security Income program, is that SSI is a cash assistance program for blind, aged, or disabled persons (including children) based on general tax revenues, rather than one’s contributions to Social Security. (More details on SSI below).

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