Permanent Disability Settlements

One of the main reasons to hire an attorney is to make sure that you receive the maximum permanent disability settlement allowed by law. At this time permanent disability is designed to compensate you in part for the economic impact the injury may have had on your ability to compete in the labor market or your lost earning capacity. In other words...over time you may earn less money because of your disability. The amount of disability is based on a formula created by the state that frankly doesn’t make much sense and allows for compensation that is far below the true economic impact of your injury.

Labor Code Section 4660 provides in part as follows: In determining the percentages of permanent disability, account shall be taken of the nature of the physical injury or disfigurement, the occupation of the injured employee, and his or her age at the time of the injury, consideration being given to an employee's diminished future earning capacity.

It is important to understand that your case does not increase in value over time. There is no payment in workers' compensation for inconvenience and suffering. The value of the case is based solely on the extent of disability or impairment. The sooner we are able to settle your permanent disability case - the better. In order to begin this process you must be found permanent and stationary. This does not mean you are cured. It simply means that you are about as good as you are going to get or that medical and chiropractic science have done about what they can for you. It is common for people to continue to receive medical care under today's law after they are permanent and stationary.

Your case will turn out better if you are declared permanent and stationary by your doctor first. A financial crisis can easily occur if the insurance carrier finds you permanent and stationary first. This allows them to stop your benefits. You may be without any benefits while we fight this out in court. In some cases this is necessary and appropriate given the seriousness of your injury. However, in many cases it simply drags out the process and is harder on you. Please encourage your doctor to declare you permanent and stationary as soon as possible consistent with your best interests.