What is a partial disability and how does it work?

It is a sad fact that some Stockton, California residents will never recover fully from their workplace injuries. When this happens, workers are entitled to receive an additional workers' compensation benefit in order to compensate them for their ongoing inability to do the work they used to before their injury.

In order to get any kind of disability benefit, a doctor first has to certify that the accident victim will not recover enough to return fully to his or her own occupation. The doctor will then prepare a special report explaining his or her conclusions and send that report to the insurance company or other person handling the injured worker's claim.

After reviewing the report, the insurance company will make a decision on the injured worker's "disability rating," which basically reflects the extent of the worker's disability. The rating actually depends on a number of factors, including the victim's diagnosis, line of work and age. The "disability rating" also takes in to account the possibility the victim's injuries could have also been caused by some other condition or trauma which took place off the clock.

A person who has disability rating of less than 100 percent is considered permanently "partially disabled," whereas a 100 percent disability rating means the person has a total disability. Once a person's disability rating gets finalized, and after the victim has had a chance to raise any concerns, the number is used to figure out how money the person will get paid in ongoing worker's compensation benefits.

In the end, though, figuring out how disability ratings operate in workers' compensation can be quite complicated, which is why many California victims of workplace accidents rely on the help of experienced workers' compensation attorneys.

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Law Office of Ronald M. Stein, Attorney at Law
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Stockton, CA 95207

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