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Ledgerwood Law Group

Getting Payments for Sleep Disorders as Part of Your CA Permanent Disability Settlement

It is understandable that you would want to receive as much as you can in your CA permanent disability settlement. After all, you won’t be able to perform the same work you did in the past, and you and your family shouldn’t have to suffer a loss of income in addition to a painful accident.

There are a few exceptions that could help you get more from your worker’s compensation case. Workers may qualify for an increase in permanent disability (PD) for:

  • Modified work offers (before 1/1/13) – If you were injured before January 1, 2013, you may be able to receive an increase in your PD if your employer did not offer you an alternative position or modified job duties within 60 days of maximum medical improvement. Under California law, if your employer has 50 or more employees and did not offer you an alternative position, your PD can be increased by 15%.
  • Loss of future earnings (after 1/1/13) – If you were injured after January 1, 2013, the “15% bump” does not apply. Instead, workers will have to prove that their injuries caused a “disproportionate loss of earnings” to increase their benefits. If they are successful, workers could receive up to 30% more in PD.
  • Sleep disorders or sexual dysfunction – While many compensable consequences are still covered under permanent disability, sleep disorders and sexual dysfunction have recently been eliminated from the program. However, certain employees may still get payment for these losses if they can demonstrate that they directly result from the initial injury (such as a spinal injury that caused a lack of sexual ability).
  • Psychiatric injuries – It has recently become much more difficult to collect increased payments for psychiatric injuries after a serious injury. In most cases, these injuries can only be claimed by workers who have suffered “catastrophic” physical injuries or were a victim or witness to a violent crime.

 

An attorney’s help can make an enormous difference in the amount of permanent disability you receive. For instance, many injured workers will file an improper job classification or decline to claim payments for associated injuries, getting far less than they are owed for their suffering.

At the Ledgerwood Law Group, we can provide your medical evaluators with the correct information and injury classifications to get you the maximum amount of compensation in your CA permanent disability settlement. To find out how we can help you, contact us today at 888-761-7383 or click the link above to read through our FREE guide, The Northern California Workers’ Compensation Survival Manual.