California Worker's Compensation - Help For Injured California Workers

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  1. #1
    Join Date
    Jan 2010
    Posts
    11

    Default How Much Do You Get for Permanent Disability

    Hi,
    did any one know about how permernant disability will pay? is that base on salaries or base on percentage of injury?
    when I apply for the new jobs, do I have to let the new employer know permernant disability?

    thanks

  2. #2
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Question

    PPD is determined by your PD/WPI rating. PPD payments are pre determined with a min/max rate. The weekly benefit is based on your AWW, but subject to those rates.

    Disability Payments can be found here http://www.leginfo.ca.gov/cgi-bin/di...file=4650-4664

    You do not have to tell prospective employers about your disability, or prior claim. You should not however apply or accept a job that is outside any permenant restrictions you may have.

  3. #3
    Join Date
    Jan 2010
    Posts
    11

    Default Re: Question

    Hi BvIA,
    what is AWW mean?
    with PD, am I still able to go back my regular work with no restriction?
    if I go back work with No Restriction, am I still announce PD?
    thanks for your help
    panda

  4. #4
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Question

    AWW is Average Weekly Wage.
    am I still announce PD?
    PD is permenant disability. PD/PPD is a award of indemnity for suffering disability/impairment due to the injury. MMI/max med improvement is a status, as is TTD.

    If you are released to return to work, with not restrictions to your pre injury job duties...there would be NO PPD... you'd have a 0% rating... and as such, you would not be entitled to any indemnity money. The medical would remain open, and the ability to file to reopen the claim for ''new and further disability'' within 5 years of your org DOI/date of injury.

  5. #5
    Join Date
    Jan 2010
    Posts
    11

    Default Re: Question

    Hi BvIA,
    when I have a "future medical" remain open for 5 years
    am I still reopen my claim in the future eventhough I have a new jobs with the new employer?

    when I am realeased back to work with NO restriction to my jobs, and I have future medical remain open, is that mean I have PD with 0% rating? If so in the future when I apply for new jobs, some employers may asking about "history of worker comp." what should I tell them?
    thanks for your info BvIA
    panda

  6. #6
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: Question

    Medical in a comp claim is available to the IW for life, based on medical necessity. If you have a problem that you believe is associated with your injury, you go back to your PTP, and request treatment. Everything is based on medical evidence, and the opinion of your treating physician. Or a PQME/AME as the case may be.
    am I still reopen my claim in the future eventhough I have a new jobs with the new employer?
    Again, it would depend on the facts surrounding your injury and need for further treatment. If there is a aggreciation or new injury, you file a new claim. The carriers/employers will determine where the liability is.
    when I am realeased back to work with NO restriction to my jobs, and I have future medical remain open, is that mean I have PD with 0% rating?
    If there is a 0% rating...there is no "PD". PD is permenant disability...0%, no permenant partial disability or impairment. You are ''cured''.
    when I apply for new jobs, some employers may asking about "history of worker comp."
    ER's are not allowed to question prospective EE's about prior WC claims, or injuries that may be work related. It's not something you should worry about until it happens.
    Having filed a claim for WC benefits cannot be a condition of employment.
    Nor should/would you apply for a job that is outside any restrictions you may have. But if there is a 0% rating... there would be no restrictions...so there would be no problems with the type of work you do.

    Regardless of the rating, you still have 5 years from the org DOI to file for new and further disability.
    Unless...there is a new injury after you return to work. Again, those would be medical decisions.

  7. #7
    Join Date
    Jan 2010
    Posts
    11

    Default Re: Question

    Hi BvIA,
    Thank you very much for your info.
    panda

  8. #8
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,018

    Default Re: How Much Do You Get for Permanent Disability

    Generally, your disability benefits will continue as long as your medical condition has not improved and you cannot work.
    Not in Calif.
    TTD is capped at 104 weeks, paid within 5 years of the org DOI. (Depending on the date of the injury)

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