When an employee suffers a work-related injury, the severity and lasting impact of the injury determines the benefits they are entitled to. Workers’ compensation classifies disabilities into two categories: temporary and permanent. This classification directly affects the type of settlement an injured worker may receive. A comprehensive understanding of these classifications is necessary to ensure fair compensation.

According to the National Safety Council, workplace injuries cost employers $167 billion annually in lost wages, medical expenses, and administrative fees. For injured workers, the ability to recover lost wages and medical costs hinges on how their disability is categorized. Seeking legal representation from a skilled workers’ compensation lawyer in Colusa, CA, can help workers receive the compensation they deserve.

What Is Temporary Disability?

Temporary disability benefits apply to employees who are expected to recover from their injuries and return to work. These benefits cover medical expenses and a portion of lost wages during the recovery period. There are two types of temporary disabilities:

  • Temporary Total Disability (TTD):The injured worker cannot perform any job duties while recovering but is expected to return to work eventually.
  • Temporary Partial Disability (TPD):The worker can perform some job duties but with restrictions, and they may receive partial wage compensation.

Each state has specific guidelines for temporary disability benefits. In California, workers can typically receive temporary disability benefits for up to 104 weeks within five years of the injury. If an employer or insurance company attempts to terminate these benefits prematurely, consulting a workers comp attorney can help protect the worker’s rights.

What Is Permanent Disability?

Permanent disability applies when a worker sustains an injury that prevents them from returning to their previous job or performing similar work. Unlike temporary disability, permanent disability benefits can last for years or even a lifetime, depending on the severity of the injury. Permanent disabilities are categorized into two main types:

  • Permanent Partial Disability (PPD):The worker can still perform some work, but their earning capacity is reduced due to the injury.
  • Permanent Total Disability (PTD):The worker is unable to perform any type of work due to the severity of their injury.

Determining permanent disability requires a medical evaluation and a disability rating. A compensation attorney can assist workers in understanding their disability rating and negotiating an appropriate settlement with the insurance company.

Nurse helping an injured worker bandage his hand

How Disability Ratings Impact Workers’ Compensation Settlements

Disability ratings are critical in determining how much compensation an injured worker will receive. A physician will assess the worker’s condition and assign a disability percentage based on medical impairment, work restrictions, and the worker’s ability to earn income in the future.

In California, the Workers’ Compensation Appeals Board (WCAB) considers factors such as:

  • The worker’s age and occupation
  • The severity of the impairment
  • Loss of future earning potential
  • Medical reports and expert testimony

A higher disability rating typically results in a larger settlement. However, insurance companies often attempt to downplay the severity of an injury to minimize payouts. A work injury law firm in Butte County CA can advocate for the injured worker and ensure they receive a fair disability rating.

Illustration of an injured worker and an insurance representative in front of an insurance policy board

Lump-Sum Settlements vs. Structured Payments

When a workers’ compensation case is settled, the worker may receive their compensation in one of two ways:

  1. Lump-Sum Settlement:A one-time payment that covers all future medical costs and wage losses related to the injury.
  2. Structured Settlement:Periodic payments over time, ensuring continued financial support for medical treatment and lost wages.

While a lump-sum settlement might seem appealing, it is essential to consider future medical expenses and lost earning potential. Consulting a worker’s compensation lawyer before agreeing to a settlement can help prevent financial hardships in the long run.

Common Reasons for Delayed Workers’ Compensation Claims

Workers’ compensation claims can be delayed due to various factors, including:

  • Disputes over whether the injury is work-related
  • Incomplete medical documentation
  • Employer objections to the claim
  • Insurance company tactics to minimize payouts

If a claim is delayed, a worker’s compensation lawyer in Butte County, CA, can help expedite the process by gathering the necessary documentation, negotiating with the insurance company, and representing the worker in hearings if necessary.

The Role of a Workers’ Compensation Lawyer in Securing Fair Compensation

Insurance companies and employers often attempt to minimize settlement amounts, leaving injured workers with insufficient compensation. A skilled attorney can:

  • Negotiate fair settlements based on medical evaluations and wage loss calculations.
  • Challenge low disability ratings assigned by insurance doctors.
  • Represent workers in hearings before the Workers’ Compensation Appeals Board.
  • Advise on whether a lump-sum or structured settlement is in the worker’s best interest.

Hiring a workers comp attorney ensures that workers understand their rights and receive the full benefits they are entitled to.

Lawyers discussing and reviewing legal documents related to a workers' compensation case

Protect Your Rights and Financial Future

Whether a worker is dealing with a temporary or permanent disability, the outcome of their workers’ compensation claim significantly impacts their financial stability and future medical care. Accepting a low settlement can leave an injured worker struggling to cover expenses for years to come. Consulting a workers comp attorney in Yuba City, CA, can make a substantial difference in securing a fair outcome.

If you or a loved one has suffered a workplace injury, don’t settle for less than you deserve. The Law Office of Harley Merritt specializes in workers’ compensation cases and will fight for your rights. Contact us today for a consultation and take the first step toward securing your future.