Permanent disability(PD) is any lasting disability from your work injury or illness that affects your ability to earn a living. If your injury or illness results in PD you are entitled to PD benefits, even if you are able to go back to work.
What can I expect?
Most workers fully recover from job injuries but some continue to have medical problems. PD benefits are limited. If you lose income, PD benefits may not cover all the income lost. If you experience losses unrelated to your ability to work, PD benefits will not cover those losses.
PD benefits are set by law. Your PD benefit amounts will be determined as follows:
- The date of your industrial injury
- Your primary treating physician or a doctor who is a qualified medical evaluator (QME) will examine you and determine your impairment level, which means how your injury affected your ability to work
- Your impairment level will be expressed as a percentage
- The percentage is used in a formula which also includes your age and occupation. For injuries on or after April 19, 2004, and prior to Jan. 1, 2013, the formula also includes diminished future earning capacity
- For dates of injury on or after Jan. 1, 2013, PD ratings will no longer take into account an injured employee’s future earnings capacity. In addition, injured employees will no longer be able to collect additional PD for sleep disorders or sexual dysfunction that did not result directly from those injuries. Additional PD for psychiatric injuries is limited to cases in which the physical injury is catastrophic or where the injured employee was the victim of or a witness to a violent crime
- A disability evaluator or the judge will calculate this formula and determine how much PD you are entitled to receive.
What if I disagree with the doctor’s report?
If you disagree with the doctor's evaluation of your disability status, you should contact the claims administrator to object to the report and to obtain a DWC form torequest a panelof threeQMEs.Within ten days after DWC sends you the panel of three QMEs, you must select one QME from the panel, make an appointment to be examined by the QME and inform the claims administrator which QME you chose and the appointment time. If you have an attorney, your attorney and claims administrator might agree on a doctor to resolve medical disputes. This doctor is called anagreed medical evaluator (AME).
Want to learn more? Find it in the guidebook
Did you know?
- You can contact theInformation and Assistance Unitif you have questions or call the DWC Information Services Center at 1-800-736-7401 to speak to a live representative.
- A settlement is mutually agreed on by you and the claims administrator. There are two types of settlements:
- Compromise and release(C&R) – lump sum settlement.
- Stipulation with request for award(stip) – sum of money with future medical treatment.
- You have a right to receive a copy of the doctor's report and can request copies of all medical reports.
- You can find current rates on thebenefits chart.
Questions workers have:
- How is permanent disability identified?
- Can I get more detail about the PD rating and how it is calculated?
- How much will I be paid for my permanent disability?
- How and when are permanent disability benefits paid?
More FAQs
March 2023
I'm an expert in workers' compensation and permanent disability benefits, and I'll provide you with comprehensive information related to the concepts discussed in the article.
The article primarily discusses Permanent Disability (PD) resulting from work injuries or illnesses and the associated benefits. Let's break down the key concepts:
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Definition of Permanent Disability (PD):
- PD is any lasting disability arising from a work injury or illness that impacts the ability to earn a living.
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Entitlement to PD Benefits:
- If an injury or illness leads to PD, individuals are entitled to PD benefits, even if they can return to work.
- PD benefits may not cover all lost income, especially if losses are unrelated to the ability to work.
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Determining PD Benefit Amounts:
- PD benefits are set by law and determined based on several factors:
- Date of the industrial injury.
- Evaluation by a primary treating physician or a qualified medical evaluator (QME).
- Impairment level expressed as a percentage.
- Formula considering age and occupation.
- Changes in the formula for injuries on or after specific dates (April 19, 2004, and Jan. 1, 2013).
- PD benefits are set by law and determined based on several factors:
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Disabilities Excluded from PD Ratings:
- PD ratings no longer consider an employee's future earnings capacity for injuries after Jan. 1, 2013.
- Additional PD for certain conditions (sleep disorders, sexual dysfunction) is limited.
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Calculation of PD Benefits:
- Disability evaluators or judges use a formula to calculate the PD benefits based on the determined percentage.
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Disagreement with Doctor's Report:
- If you disagree with the doctor's evaluation, you can contact the claims administrator.
- The article outlines the process to request a panel of three QMEs for a reevaluation.
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Settlement Options:
- Two types of settlements are mentioned:
- Compromise and release (C&R) – Lump sum settlement.
- Stipulation with request for award (stip) – Sum of money with future medical treatment.
- Two types of settlements are mentioned:
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Rights of Injured Workers:
- Injured workers have the right to receive a copy of the doctor's report and can request copies of all medical reports.
- The article encourages contacting the Information and Assistance Unit for questions.
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Additional Resources:
- Reference to Chapter 7: Permanent Disability Benefits in the guidebook.
- Information and Assistance Unit contact (1-800-736-7401) for inquiries.
If you have any specific questions or need further clarification on any of these concepts, feel free to ask.
