What is Permanent Disability? Understanding Your Rights.
Have you ever heard the term “permanent disability” and wondered what it means? Permanent disability is a topic that many people might not fully understand, but it’s crucial to know, especially if you or someone you know has been injured at work. In this blog post, we’ll break down the concept of permanent disability and explain how workers’ compensation attorneys in Orange County can help you navigate this complex area of the law.
What is Permanent Disability?
Permanent disability, in simple terms, refers to a permanent impairment or injury that affects an individual’s ability to perform their job or daily activities. This type of disability can result from various causes, including workplace accidents, medical conditions, or injuries sustained outside of work. When it comes to workplace injuries, permanent disability often becomes a significant concern for both employees and employers.
Types of Permanent Disabilities
There are two main categories of permanent disability:
Total Permanent Disability: This type of disability prevents an individual from performing any gainful employment due to the severity of their injury or condition. Total permanent disability is often associated with catastrophic injuries, such as the loss of limbs, paralysis, brain injuries, or a combination of injuries and limitations.
Partial Permanent Disability: Partial permanent disability means that an individual can still work in some capacity but may have limitations or restrictions due to their injury. The degree of impairment can vary, and it is assessed by physicians to determine the extent of the disability.
Workers’ Compensation and Permanent Disability
When a worker is injured on the job, they are entitled to workers’ compensation benefits to pay for medical expenses and wage replacement benefits while recuperating. However, when the injury results in permanent limitations, the situation becomes more complex. Workers’ compensation attorneys in Orange County play a crucial role in helping injured workers understand their rights and navigate the legal process.
Here are four ways a workers’ compensation attorney in Orange County like Thomas F. Martin, PLC can assist you with permanent disability claims:
Initial Assessment: Workers’ compensation attorneys like Thomas F. Martin, PLC can evaluate your case to determine the extent of your permanent disability and the potential benefits you may be entitled to.
Filing a Claim: We can help you gather the necessary documentation and evidence to support your entire claim ( not just the injuries that the insurance company wants to take responsibility for), ensuring that you have the best chance of receiving the benefits you deserve.
Negotiation: If your employer or the insurance company disputes your claim or offers a settlement that doesn’t adequately compensate you ( unfortunately, this is often the case with serious injuries), attorneys can negotiate on your behalf to reach a fair resolution.
Appeals: In case your claim is denied, workers’ compensation attorneys can guide you through the appeals process and represent your interests in court if necessary.Understanding permanent disability is crucial when dealing with workplace injuries, as it can have a significant impact on your life and livelihood. Workers’ compensation attorneys in Orange County like Thomas F. Martin, PLC are here to assist you every step of the way, ensuring that you receive the compensation and support you need to move forward. If you or someone you know is facing a permanent disability claim, don’t hesitate to seek legal guidance from experienced professionals who can help protect your rights and secure your future.
Contact us today for your free case evaluation! or simply call (714) 547-5025.
Denied Workers’ Compensation Claim in Orange County? Here’s What You Should Consider
Experiencing a workplace injury can be physically and emotionally challenging. In such situations, workers’ compensation benefits should serve as a financial lifeline and provide essential medical treatment. However, what do you do when your workers’ compensation claim is denied by the insurance company? In this blog post, we’ll discuss the steps to take if you find yourself facing a denied workers’ compensation claim, and how a workers’ compensation lawyer in Orange County can assist you.
Why Was Your Claim Denied?
Before diving into the actions to consider, it’s essential to understand the common reasons why workers’ compensation claims may be denied:
- Late or Incomplete Paperwork: Sometimes, despite the injured worker completing all necessary paperwork, the employer fails to do so. Keeping track of your claim’s status and ensuring all paperwork is in order is crucial.
- Perceived Severity of Injury: In some cases, employers may not consider an injury “significant” enough to report to their insurance carrier. Even if you’ve reported the injury, it may not have been conveyed accurately. Follow-up and communication IN WRITING are key.
- Employer Level Investigation: If you receive a denial letter from the insurance company citing an “employer level investigation” or similar reasons, despite knowing the injury occurred, you may want to consider legal assistance.
What To Consider If Your Claim is Denied:
- Contact a Workers’ Compensation Lawyer in Orange County: The first and most crucial step is to reach out to an experienced workers’ compensation lawyer. They can assess the details of your case and provide guidance on the best course of action.
- Gather Documentation: Collect all relevant documentation related to your injury, including medical records, accident reports, and communication with your employer or insurance company that you have. It’s best NOT to tell the employer or claims adjuster that you are considering hiring an attorney.
- Appeal the Denial: Your attorney will assist you in preparing a challenge of the denial. This involves presenting your case and supporting evidence to the Workers’ Compensation Appeals Board (WCAB).
- Informal Resolution: Your lawyer may engage in negotiations with the insurance company to reach an informal resolution of the issues. If an agreement is not reached, your case may proceed to a hearing before a Workers’ Compensation Judge.
- Continue Medical Treatment: Regardless of the claim’s status, it’s essential to continue receiving the necessary medical treatment to support your recovery.
How a Workers’ Compensation Lawyer Can Help:
A skilled workers’ compensation lawyer in Orange County can be your advocate and guide throughout the process:
– Legal Knowledge: Attorneys who limit their practice to workers compensation law understand the intricacies of workers’ compensation laws and regulations, ensuring your rights are protected.
– Effective Communication: They can communicate with the insurance company and their lawyers, advocating for your best interests.
– Evidence Preparation: Lawyers help gather and present strong evidence to support your case during the process.
Conclusion:
A denied workers’ compensation claim can be a challenging setback, but don’t be discouraged. Seeking legal assistance is a crucial step in pursuing the benefits you rightfully deserve.If you’re dealing with a denied workers’ compensation claim, don’t hesitate to contact Thomas F. Martin, PLC, a trusted workers’ compensation lawyer in Orange County, at 714-547-5025. Mr. Martin has the experience and dedication to help you navigate the complexities of the workers’ compensation system and ensure your rights are upheld. Your well-being matters, and Mr. Martin is here to assist you in the aggressive pursuit of the benefits you need and deserve.
Amazon: Double The Injuries Among Warehouse Workers
Amazon is in hot water again, as data from the Occupational Safety and Health Administration showed the company’s warehouse workers are more likely to sustain work-related injuries than other warehouse workers in retail. For over three years now, Amazon has reported a higher rate of serious injury accidents that caused employees to miss work or be transferred to light-duty tasks, compared to non-Amazon retail warehouse workers. (more…)
Not So Fast, Uber.
In November 2020, California voters were duped into believing that Uber drivers and other gig workers needed the “freedom” to work as independent contractors. (more…)
Employers Challenge To California’s COVID-19 Protections is (Very) Short-sighted
According to an article published by EHS Today, numerous employer groups are attacking the State of California over important COVID-19 emergency standards issued by the state’s Division of Occupational Safety and Health (Cal/OSHA). (more…)
Part 2: Can Employers Require Employee Vaccination?
Employers who are unsure about whether to require employees to receive the COVID-19 vaccine or not should take into consideration the role of state and local laws and the Equal Employment Opportunity Commission (EEOC). (more…)
Part 1: Can Employers Require Employee Vaccination?
As numerous COVID-19 vaccines await FDA-approval, employers across the country are wondering what this means for their business. Should they require their employees to take the vaccine? (more…)
Can I Receive Workers’ Compensation Benefits for My Occupational Disease?
If you are facing a criminal charge, no matter how minor, you should talk to a defense attorney to fully understand your case. A consultation with an experienced attorney will help you to understand the charges placed against you, the defenses available, what if any plea bargains may be offered to you, and what you should do if you are convicted.