Employers in San Francisco, California must carry workers’ compensation insurance to pay employees permanent disability benefits if workers are seriously hurt in an accident on the job or developed an injury through the course of work. If you were catastrophically injured at work, your employer may be responsible for your medical care, paying permanent disability benefits, or provide death benefits to your family.
While it is your right to receive workers’ compensation if you suffer a work-related injury in California, insurance adjusters and employers may sometimes try to deny your claim to prevent paying you and your family the benefits you deserve. Our dedicated workers’ compensation attorneys have years of experience dealing with insurance adjusters and will work hard to maximize your benefits.
What are workers’ compensation disability benefits?
If you were seriously injured in a work-related incident and are no longer able to work or permanently lose income, your doctor may deem your condition permanent and decide you are at your maximum medical improvement (MMI). Once your condition is stabilized, your doctor is create a permanent and stationary (P&S) report detailing your health.
P&S reports document your injuries, level of pain, and mobility. The report will include notes about any medical care you will need for permanent injuries, work restrictions, and if you will be able to return to work in any capacity.
P&S report rating factors
Your P&S report will contain a rating of your disability and how it will affect your ability to work. Ratings are based on your health, when the injury occurred and how old you were, the apportionment between how your injury affected your wages compared to other factors, and state-prescribed adjustment factors.
Ratings are on a scale of 0 percent to 100 percent (100 percent meaning total disability). If your injury is serious enough to warrant a P&S rating of 100, you have a permanent total disability. A P&S rating of 99 percent to 1 percent means you have a permanent partial disability.
Insurance adjusters review P&S ratings and propose workers’ compensation settlements accordingly. Claims adjusters calculate your workers’ compensation payments by reviewing your rating, when you were injured, earnings before the injury, and offers to return to work from your employer.
What if I do not agree with my P&S rating or my settlement offer?
Having an experienced and dedicated workers’ compensation attorney is important if you do not agree with your workers’ compensation P&S rating or the claims adjuster’s settlement offer. A qualified attorney can help negotiate with insurance adjusters and advocate for a disability rater employed by the state to review your injury and possibly receive a higher score.
Failing to reach an appropriate settlement with an insurance adjuster means you may need to take your workers’ compensation claim before a judge. Retaining a seasoned workers’ compensation attorney can help guide you every step of the way and ensure you are given the fair treatment you deserve.