What Are My Options if I Am Permanently Disabled in a Workplace Accident?

When you are injured in a workplace accident, you have the right to seek compensation for your damages. These damages can include your medical bills, your lost wages, and any other expenses related to the injury. Often, this compensation covers your needs until you have made a full recovery and can return to work.

But what if you never make a full recovery? What if your workplace accident leaves you blind, paralyzed, or cognitively impaired? If this happens, your expenses will be exponentially higher than the expenses you would face if you had suffered a non-permanent injury. Familiarize yourself with your rights as a disabled victim and speak with a lawyer who can help you protect and assert these rights.

If you are permanently disabled, you have the option of seeking permanent disability benefits. These benefits are handled by the State of California Department of Industrial Relations. You can file a claim to receive these benefits regardless of whether your disability prevents you from working or not. The only requirement for seeing this type of coverage is that you have reached maximal medical improvement (MMI), which means that after receiving appropriate medical care, your condition has reached the best point it can possibly reach. When you submit your claim, you will receive a “rating” that determines the benefits you can receive based on the extent of your injury, the date of your injury, and the type of work you are determined to be able to perform from the Disability Evaluation Unit (DEU). If you disagree with this rating, you can appeal it.

If your accident was due to another party's negligence, consider filing a workplace accident claim. You can file this type of claim concurrently with a claim for permanent disability benefits from the state government or even while you are receiving permanent disability benefits. However, the two can potentially have an affect on each other. Speak with an experienced workplace accident lawyer about what you can expect as a permanent disability benefits recipient filing a workplace accident claim. Unlike your permanent disability benefits application, your workplace accident claim needs to demonstrate that your injury was directly caused by another party's negligence and that you need compensation for specific, quantifiable damages.

If you have been injured in a workplace accident, there may be a chance you will suffer from a permanent disability. Whether you will or not depends on multiple factors, such as the nature and extent of your injury. To learn more about your rights as an injured and potentially disabled victim, speak with a member of our team of passionate San Jose workplace accident lawyers at Corsiglia, McMahon, & Allard, L.L.P. Contact our office to set up your initial consultation with us today. We proudly serve clients throughout the Bay Area, San Mateo County, Alameda County, San Benito County, Monterey County, and Santa Clara County.

• Permanent Disability Benefits
• Disability Evaluation Unit