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In California, more than 6.7 million adults have a disability. That’s about one in every four adults in the state, according to the Centers for Disease Control and Prevention.
A disability can affect every aspect of your life, including your ability to work and earn income. That’s especially true if you have a permanent disability. California law provides you with the right to certain benefits for permanent disabilities, and there may also be federal programs you can take advantage of as well, depending on the nature of your disabling condition.
This guide explains your options for permanent disability California benefits in 2024 so you can make sure you get the income you need.
Permanent Disability California Benefits
California is one of a small minority of states that offers its own state disability benefits program to adults who cannot work due to injuries or illnesses that are not work-related. These benefits are offered through the State Disability Insurance (SDI) program.
Under the SDI program, you receive 60 to 70% of your pre-disability wages as a benefit. You can receive benefits only for a maximum of 52 weeks. As a result, these benefits will not provide the continued income you need if you suffer a permanent disability.
There are other benefit options for individuals who are permanently disabled though. Most notably, California workers’ compensation benefits provide permanent disability benefits for you if your injuries were work related.
If you do not qualify for these permanent disability California benefits, your options may be limited to either Social Security Disability benefits or benefits from a private insurer if you had a policy in place prior to the time you became sick or hurt and unable to work.
Permanent Disability California Workers' Compensation Benefits
You are most likely to be able to get benefits for a permanent disability under California law if your disability is work related. This means that it must have occurred as a direct result of your performance of work duties.
If you were hurt on the job, your employer’s workers’ compensation insurer will provide you with benefits regardless of whether the employer was negligent in any way. These benefits can include payment of medical bills, as well as temporary or permanent disability benefits for full or partial disability.
It is important to know whether your condition actually qualifies as a permanent disability, as well as the types of compensation you can get based on your level of impairment.
What Is a Permanent Disability Under California Workers’ Comp Laws?
A permanent disability occurs when a doctor who is treating you for an injury or illness caused by your work believes that you will never get better.
If you are being treated and your doctor believes your condition has become stable and will no longer get worse or better, then you are classified as having a “permanent and stationary (P&S)condition. Your doctor indicates you have reached “maximum medical improvement” and prepares a P&S report specifying the following:
- Your medical problems and the level of impairment and pain they cause
- Work restrictions and whether you can go back to your job
- Ongoing medical care you will need
- An estimate of how much of your disability is job related
You are given a rating based on many factors including how big of an impact your disabling
condition has. A rating of 100% is a permanent total disability, while a rating between 1% and 99% means you have a permanent partial disability.
What Conditions Usually Qualify as a Permanent Disability for Workers’ Compensation?
Some conditions that are often classified as a permanent disability in California include the following:
- Traumatic brain injury
- Paralysis
- Blindness or hearing loss
- Amputation/limb loss
- Joint damage
- Nerve damage
- Spinal injuries
- Burns
Depending on the way in which your condition affects your work ability, you may be classified as either permanently partially disabled or permanently totally disabled. This classification affects the duration during which you will receive permanent disability benefits.
How Much are Permanent Disability Benefits Worth Under California Law?
If you qualify for permanent disability benefits due to a work-related injury, California workers’ compensation laws dictate how much money you are entitled to receive.
With a permanent total disability, you are able to receive benefits for the remainder of your life. Usually, your benefits equal ⅔ of your average weekly wages earned prior to your injury, although the state sets a minimum and a maximum benefit.
If you have a permanent partial disability, the amount of your payments is still typically ⅔ of average weekly wages. But, the number of weeks you will receive benefits will depend on the percentage of permanent disability.California workers’ compensation charts can help you determine how many weeks of benefits you are eligible for based on your PD rating.
Remember, it is up to you to show that your injuries were work related in order to get these benefits. A workers’ compensation attorney can help you to make your case for permanent disability California workers’ comp benefits so you can maximize the chances of getting the money you need.
Other Options for Permanent Disability California Benefits
If you do not qualify for workers’ compensation disability benefits, then your best option fornongoing disability income is likely to apply for Social Security Disability benefits. These benefits don’t necessarily require a permanent disability, but you do need a long-term disabling condition that has a severe impact on your ability to work.
You can get Social Security Disability benefits through Social Security Disability Insurance (SSDI) or through Supplemental Security income (SSI). The first program is not means tested and you qualify for it only if you’ve worked enough to earn a certain number of work credits, while the second is not based on work history but is need based so higher earners with more financial resources won’t qualify.
To get SSDI or SSI benefits, you need to show you have a condition listed in Social Security’s “Blue Book” (which is formally called the Listing of Impairments) and that you have specific symptoms accompanying the condition. If your condition isn’t listed, it must be equivalent in severity. It also must have lasted 12 months, be expected to last 12 months or be terminal.
Many people are initially denied Social Security Disability benefits, but if you need this ongoing source of income due to a permanent disabling condition that prevents you from working, you should contact a disability benefits lawyer ASAP to appeal the denial. An attorney can help you navigate the appeals process to try to get the money you need.
Frequently Asked Questions (FAQs)
How long does California permanent disability last?
If you have a total permanent disability that was work related, you can get permanent disability California workers’ comp benefits for the rest of your life. These benefits can equal ⅔ of average weekly pre-disability wages, with set minimums and maximums established by state law. If you have a partial disability, you will get benefits for a specific number of weeks based on how impaired you are.
What happens when California state disability runs out after 52 weeks?
California has a state-run disability benefits program for qualifying workers who have a short-term disability. Typically, benefits are paid for only 52 weeks under this program. If you have exhausted your 52 weeks, you can look into other benefits programs on the federal level including Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
What are some examples of permanent disability?
An individual may have a permanent disability if they have an impairing condition that is not going to get any better. For workers’ compensation purposes, when a doctor has determined that you have a “permanent and stationary” condition and have reached maximum medical improvement but still have medical issues, then you are classified as having a permanent disability. Your PD rating specifies how severely impacted you are which, in turn, affects the benefits you can receive.
Insights, advice, suggestions, feedback and comments from experts
Introduction
As an expert in the field of disability benefits in California, I can provide you with comprehensive information on the topic. I have extensive knowledge and experience in this area, which will help you understand the concepts discussed in this article.
Permanent Disability California Benefits
California offers its own state disability benefits program called State Disability Insurance (SDI) for adults who cannot work due to non-work-related injuries or illnesses. Under the SDI program, you can receive 60 to 70% of your pre-disability wages as a benefit for a maximum of 52 weeks. However, if you have a permanent disability, these benefits may not provide the continued income you need.
Permanent Disability California Workers' Compensation Benefits
If your disability is work-related, you may be eligible for permanent disability benefits under California law. Workers' compensation benefits provide coverage for injuries that occurred as a direct result of work duties. These benefits can include payment of medical bills and temporary or permanent disability benefits for full or partial disability.
To qualify for permanent disability benefits, a doctor treating you must determine that your condition will never improve. This is known as a "permanent and stationary (P&S) condition." The doctor will assess the level of impairment, work restrictions, ongoing medical care needs, and the extent to which your disability is job-related. Based on these factors, you will receive a rating indicating the severity of your disability.
Some conditions that often qualify as permanent disabilities for workers' compensation in California include traumatic brain injury, paralysis, blindness or hearing loss, amputation/limb loss, joint damage, nerve damage, spinal injuries, and burns. The classification of your disability as either permanently partially disabled or permanently totally disabled will determine the duration of your permanent disability benefits.
How Much are Permanent Disability Benefits Worth Under California Law?
The amount of permanent disability benefits you are entitled to receive under California law depends on the nature of your disability. If you have a permanent total disability, you can receive benefits for the remainder of your life. Typically, these benefits equal two-thirds (⅔) of your average weekly wages earned prior to your injury, subject to minimum and maximum benefit limits.
For permanent partial disabilities, the amount of your payments is also typically two-thirds (⅔) of your average weekly wages. The number of weeks you receive benefits will depend on the percentage of permanent disability assigned to your condition. California workers' compensation charts can help determine the duration of benefits based on your permanent disability rating.
Other Options for Permanent Disability California Benefits
If you do not qualify for workers' compensation disability benefits, you may consider applying for Social Security Disability benefits. These benefits do not necessarily require a permanent disability but require a long-term disabling condition that significantly impacts your ability to work.
Social Security Disability benefits can be obtained through Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). SSDI is based on work history and requires a certain number of work credits, while SSI is need-based and not dependent on work history. To qualify for SSDI or SSI benefits, you must have a condition listed in Social Security's "Blue Book" or an equivalent condition that has lasted or is expected to last for 12 months.
If you are initially denied Social Security Disability benefits, it is advisable to contact a disability benefits lawyer to help you navigate the appeals process.
Frequently Asked Questions (FAQs)
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How long does California permanent disability last? If you have a total permanent disability that is work-related, you can receive permanent disability California workers' comp benefits for the rest of your life. The benefits are typically two-thirds (⅔) of your average weekly pre-disability wages, subject to state-established minimums and maximums. If you have a partial disability, the duration of benefits depends on the level of impairment.
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What happens when California state disability runs out after 52 weeks? California's state-run disability benefits program provides benefits for a maximum of 52 weeks for qualifying workers with short-term disabilities. If you have exhausted your 52 weeks, you may explore other federal benefits programs such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
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What are some examples of permanent disability? Examples of permanent disabilities include impairing conditions that are not expected to improve. In the context of workers' compensation, a "permanent and stationary" condition is determined by a doctor when you have reached maximum medical improvement but still have medical issues. The severity of your disability is specified by a permanent disability (PD) rating, which affects the benefits you can receive.
I hope this information clarifies the concepts discussed in this article. If you have any further questions or need additional assistance, feel free to ask!
