Q: I tried to get payment for a total disability in California, but was told that my injury was rated at only 90% disability. Is there anything that can help me?
The American Medical Association (AMA) has strict medical definitions on what does (and doesn’t) constitute “total disability.” The guides are flawed, however, and don’t take individual details into account when determining a person’s loss of function or ability to work.
In certain cases, you may be able to prove that you have suffered a total disability using Labor Code Section 4662. Under this law, workers may receive total disability payment in California for any of the following permanent disabilities:
- Loss of both eyes or complete vision loss.
- Physical loss of both hands or the loss of functional ability in both hands.
- Any injury that causes total paralysis.
- An irreversible or incurable brain injury that causes mental incapacity or insanity.
In addition to these provisions, the law also allows for permanent total disability cases “to be determined in accordance with the fact.” For instance, a person who has undergone necessary surgery but did not heal fully and experiences chronic pain may be considered only 85% disabled according to the AMA Guides. However, if he can show that he has been completely affected by the injury, he may be granted total disability.
Our legal team can bring in vocational experts and physicians to provide testimony in your case, helping you effectively argue your case to the Workers’ Compensation Board. Call the Ledgerwood Law Group today at 888-761-7383 to discuss the your work injury case with an attorney. Your call is free, and we charge you nothing unless we win your case.
Not sure how much workers’ compensation you could receive after an injury? Click on this page to get the answers in our FREE guide, The Northern California Workers’ Compensation Survival Manual.