Bakersfield Permanent Disability Lawyer

If you’ve been injured at work and your injury results in long-term or permanent impairment, understanding permanent disability under California workers’ compensation law is essential. At J Smith Law, PC, we help injured workers navigate the complex process of securing the permanent disability benefits they deserve. If you or a loved one is facing permanent disability from a workplace injury, call J Smith Law, PC at (661) 716-5555 today or schedule a consultation.

What Is Permanent Disability in California Workers’ Compensation?

Permanent disability (PD) refers to the lasting impact of a work-related injury or illness that reduces your ability to earn a living. Unlike temporary disability, which covers your inability to work during recovery, permanent disability compensation is designed to reimburse you for permanent loss of function, decreased earning capacity, or ongoing pain caused by your injury.

Types of Permanent Disabilities

Under California workers’ compensation law, permanent disabilities are categorized based on the extent and impact of your injury. Understanding the different types can help you determine what benefits you may be entitled to and how your case will be evaluated.

Some examples of injuries that could qualify for permanent disability benefits include:

• Blindness
• Broken bones
• Amputation of one or more arms or legs
• Amputation or loss of use of hands, fingers, or feet
• Back injuries
• Spinal cord injuries, such as paraplegia or tetraplegia
• Traumatic brain injuries
• Loss of hearing
• Nerve damage, particularly damage affecting the limbs
• Cancer
• Knee injuries, such as torn ligaments
• Post-traumatic stress disorder
• Carpal tunnel syndrome
• Damage to the lungs from inhalation of toxic chemicals or fumes

If you developed a permanent disability because of a workplace injury, the permanent disability claims lawyers at J Smith Law, PC might be able to help you recover workers’ compensation benefits.

How It Works

How Is a Permanent Disability Evaluated?

As your injury heals and your health improves, your doctor will try to determine if your condition is unlikely to improve. This is called the point of maximum medical improvement (MMI).

Once you reach this point, the doctor evaluates whether you’re permanently disabled. This means that even though your condition has stopped improving, you still have limitations from the injury.

P&S Reports

If the doctor determines you have a permanent disability, they will notify the claims administrator. The doctor also notes the cause of your permanent disability.

The P&S report will detail the following aspects of your medical condition:

• Specific medical problems, including your level of pain and other effects of your condition
• Work restrictions, or limits on the work you are able to do
• Future medical care you may need
• Determination on your ability to return to your old job
• Estimate of how much of your disability is caused by your job compared to how much is caused by other factors

The P&S report affects the amount of benefits you receive, so make sure to request a copy and carefully review it to see if you disagree with any of the information.

Requesting a Qualified Medical Examiner

If you disagree with the P&S report, you can request an exam from a qualified medical examiner (QME). A QME is a physician certified by the Division of Workers’ Compensation (DWC) who is licensed to practice in California. The DWC certifies different types of QMEs, including medical doctors, psychologists, optometrists, and doctors of osteopathy.

If the insurance company disagrees with the P&S report, it can also request that you see a QME for an examination.

One of the benefits of having an attorney is the ability to work with the claims administrator to find a doctor to examine you.

Permanent Disability Rating

After you’ve been examined, a report will be written about your disability. The report includes an impairment number that will be placed in a formula to calculate your percentage of disability. The formula also includes your occupation, age, and future earning capacity. Any portion of your disability caused by something besides a work injury is taken out of the equation.

The percentage of disability is equal to a specific dollar amount of benefits, depending on your average weekly wages and the date of your injury.

Benefits

What if I Can Still Work?

If your current employer offers to pay you 85 percent of the wages and benefits you received before you became disabled, you will not receive permanent disability benefits until a workers’ compensation judge approves a settlement or makes a decision on your entitlement. The same thing applies if you are working at a job that pays 100 percent of the wages and benefits you were paid at the time of the injury.

The permanent disability claims attorneys at our firm can explain these laws and regulations to you in a free consultation. Our goal is to obtain all the benefits you deserve so you are compensated for wages you can no longer earn because of your disability.

Redresses

What to Do if You Disagree With Your Disability Rating

You may think your disability rating is lower than it should be, which means you are receiving fewer benefits than you feel you deserve. If this happens, you can contact the DWC to ask it to review the rating. The DWC can review the rating to determine if mistakes were made in the process, including mistakes during your medical evaluation.

At J Smith Law, PC, we can contact the DWC on your behalf and fight for the rating you need.

Common Challenges in Permanent Disability Claims

Securing permanent disability benefits through California’s workers’ compensation system is rarely straightforward. While the law is designed to protect injured workers, the reality is that insurance companies often challenge or minimize claims to avoid paying full compensation. Knowing some of the common obstacles can help you anticipate issues and work with our attorneys to effectively overcome them.

Some of the most common roadblocks you might encounter include:

• Disputes over maximum medical improvement (MMI). Insurance companies might disagree with your doctor’s declaration that you’ve reached MMI, delaying the entire disability rating process.
• Low or inaccurate impairment ratings. Doctors assigned by insurers could downplay the extent of your injury, resulting in a lower disability percentage and reduced benefits.
• Delays in benefit payments. Even when approved, benefits may be delayed due to administrative errors, insurer tactics, or disputes over documentation.
• Denied supplemental job displacement benefits (SJDB). Employers sometimes argue that they offered modified work, even when the role isn’t suitable, just to avoid providing retraining vouchers.
• Disagreement over future medical needs. Insurers could contest the scope or necessity of long-term medical treatment, which can lead to denials or limited coverage.
• Challenges with apportionment. Insurance companies could try to reduce your benefits by attributing part of your disability to pre-existing conditions rather than the work injury.

Permanent disability claims can quickly become a battleground between injured workers and insurance companies looking to protect their bottom line. These challenges can result in reduced benefits, treatment delays, or unfair denials, unless you have experienced legal support. At J Smith Law, PC, we know how to tackle these obstacles head-on while protecting your rights every step of the way.

How J Smith Law, PC Can Help You After Suffering a Permanent Disability in California

Dealing with a permanent disability claim under California’s workers’ compensation system can quickly become overwhelming. The process is filled with legal terminology, strict deadlines, medical evaluations, and resistance from insurance carriers.

At J Smith Law, PC, we can help:

• Ensure accurate medical evaluations. Our team can help you choose qualified medical evaluators and challenge any biased or incorrect impairment ratings.
• Fight for a fair disability rating. Your final rating determines the amount of compensation you get. Our team can contest unfair ratings and demand proper assessments.
• Handle disputes and appeals. If your claim is denied or undervalued, our team can file an appeal and represent you in hearings before the Workers’ Compensation Appeals Board.
• Maximize available benefits. From permanent disability payments to supplemental job displacement vouchers, our team can make sure you access all benefits allowed under the law.
• Protect against insurance company tactics. Insurers often try to minimize payouts or delay benefits. Legal counsel levels the playing field and holds them accountable.
• Strategically negotiate settlements. If a settlement is appropriate, our team can negotiate from a position of strength, ensuring you don’t accept less than your case is worth.

Permanent disability claims demand strategy, legal knowledge, and relentless advocacy. Without proper representation, it’s easy to be taken advantage of by insurance companies looking to cut costs.

When your livelihood, health, and future are on the line, choosing the right legal team can make all the difference. Permanent disability claims in California are complex, and without experienced representation, you risk getting far less than what you’re entitled to. At J Smith Law, PC, we bring a strong combination of legal knowledge, personalized care, and relentless advocacy to every case we handle.

J Smith Law, PC, our team is proud to offer:

• Focused experience in California workers’ compensation. We handle California workers’ comp cases, and we have a deep knowledge of the law plus extensive experience with permanent disability claims.
• Personalized legal strategy. Every case is different. We take the time to understand your unique situation, medical condition, and career impact before building your claim.
• Aggressive representation against insurers. Insurance companies know we don’t back down. We fight for maximum compensation and challenge any unfair tactics or lowball offers.
• Access to trusted medical experts. We work with respected physicians and evaluators to ensure your disability rating is accurate and properly documented.
• Clear communication and guidance. From the first consultation to final resolution, we keep you informed and empowered. No confusing legal jargon, just honest, straightforward answers.

Contact our Social Security Disability lawyers at J Smith Law, PC Today

Experiencing a work-related injury can be a frightening experience, and you deserve a legal team that is ready to pursue your case with dedication and a commitment to seeking the results you most deserve. Contact us today at (661) 716-5555 to schedule a consultation, and together we can help you take control of your case with confidence.

Jaime L. Smith, Esq., is the attorney responsible for the content of this website. Images on this website may include stock photography or dramatizations. Any individuals depicted are models or actors and are not actual clients of the firm.