Seeking Permanent Compensation for Your Injury
An injury sustained in a workplace accident can be fairly minor, requiring only some time off and over-the-counter medication to resolve. But unfortunately, this is not always the case. Sometimes, victims of workplace injuries need extensive surgery and physical therapy to make full recoveries. Even this is not always enough for some victims – certain types of injuries are impossible to recover from, leaving victims permanently disabled and in many cases, permanently unable to work.
When this happens, a victim might feel lost, scared, and overwhelmed by the prospect of being unable to provide for him- or herself and his or her family again. For these victims, permanent compensation may be an option. This type of compensation can be difficult to obtain and requires extensive medical evidence to prove the claimant's need. To give yourself the best chance possible of being awarded permanent compensation for your disabling injury, work with an experienced workplace injury attorney.
How is the Need for Permanent Compensation Determined?Permanent disability compensation is not simply a blanket payout. The amount of money an individual receives for this type of compensation is carefully calculated using factors like when the injury occurred, the individual's average weekly earnings before the injury, and the extent to which he or she is unable to work. For example, an individual might still be able to work after his or her injury, but unable to perform certain types of physically or mentally taxing jobs. For individuals in this situation, the fact that he or she can continue to work in some capacity following the injury is considered.
This final factor is determined with the help of a physician's opinion about the injury. The examining physician, keeping the victim's future ability to work in mind, examines his or her injury and the potential complications that can occur with it if the victim exerts him- or herself while working. Other factors, like the individual's age and education level, also play into the determination of whether he or she can work again and if so, which types of positions.
Examples of Permanent DisabilitiesThere are a lot of ways an individual can be injured at work. Some examples of the types of injuries that can prevent a victim from working again include:
- Paralysis;
- Permanent brain damage;
- Loss of a limb;
- Loss of sight or hearing;
- Post-traumatic stress disorder; and
- Spinal cord injuries.
Sometimes, a workplace injury leaves a victim unable to work again. When this happens, that victim needs permanent compensation to prevent him or her from becoming destitute. Our team of San Jose workplace injury attorneys at Corsiglia, McMahon, & Allard, L.L.P. can evaluate your claim and help you seek the compensation you deserve for your losses. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County. Do not wait to begin working on your claim with our team.