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

Workplace AccidentWhen 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.

Seeking Permanent Disability Benefits

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.

Filing a Workplace Accident Claim

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.

Work With a San Jose Workplace Accident Lawyer

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.

Client Reviews
I absolutely cannot speak highly enough of CMA Law, particularly of Mr. McMahon, with whom I have had the most experience. My entire family and I trusted CMA with our case following a significant and life-altering vehicle accident, and to say they delivered is putting it lightly. They were reachable & personable at every stage of this arduous, complex, and scary process, made things easier at every stage, inspired us with confidence, and delivered results. If you're looking for a law firm to place the trust of you in your family in, look absolutely no further than CMA - this is your firm. Declan O.
I suffered a severe spinal injury while working as a farm mechanic in the Salinas Valley. The attorneys -Tim McMahon and Mark Sigala were fantastic from the beginning. They fought for me over 3 long years and in the end, we won a difficult liability case against the farm company who was using dangerous equipment. The defendants in the case tried everything to put the blame on me and even claimed I was their employee in order to avoid civil responsibility. Tim and Mark never gave up on me and my case. I cannot recommend them highly enough. They are fighters. Adrian A.
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