When The Permanent Disability Award Is Unfair

Is it possible for disability benefits to exceed the PDRS rating? Understanding how Permanent Disability Ratings relate to California’s Permanent Disability Rating Schedule (PDRS) is vital when pursuing a workers’ compensation claim. Many individuals often wonder if their permanent disability benefits can go beyond what’s outlined in the PDRS rating.

In this blog post, we will delve into this question and shed light on the factors that can result in compensation surpassing the PDRS rating.

What does the PDRS Rating mean?

As mentioned in a blog post the PDRS rating is a percentage assigned to an injured worker after medical evaluations. It theoretically represents the percentage of jobs in the labor market that are no longer available to the injured worker resulting from an injury and is crucial in calculating workers’ compensation benefits. However, it’s important to note that the compensation amount is not necessarily capped by the PDRS.

Factors That Can Result in Compensation Exceeding the PDRS Rating

While the PDRS rating serves as a foundation for determining benefits for disability some factors can lead to compensation exceeding this rating:

• Reduced Future Earning Capacity; If your injury significantly impairs your ability to earn income in the future you may be entitled to additional compensation beyond what is indicated by the PDRS rating. When evaluating benefits consideration is given to how your injury affects your access to the labor market.
• Labor Code §4662. In some situations, California Labor Code §4662 permits compensation that goes beyond the PDRS rating. This particular section of the code identifies injuries like the loss of both hands or sight, in both eyes which require 100% disability compensation. There are other possibilities as well.

When it comes to negotiation and legal representation it is crucial to have workers compensation attorneys like Thomas F. Martin, PLC on your side. With over 30 years of experience, he can advocate for you and ensure that your compensation accurately reflects the impact of your injury even if it exceeds the PDRS rating.

Dealing with workers’ compensation claims can be complex especially when considering factors such as diminished earning capacity, age, occupation, and specific injury types that can influence your compensation. This is where workers’ compensation attorneys like Thomas F. Martin, PLC become invaluable. Contact him at 714-547-5025 for your free consultation.