If a work injury has left you with lasting physical or mental limitations, you may be entitled to Permanent Disability (PD) benefits. These benefits are designed to compensate you for impairments that reduce your ability to work or perform daily activities.
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What Is Permanent Disability (PD)?
Permanent Disability refers to any lasting injury or health condition caused by a work-related accident or illness that affects your ability to earn a living. You can receive PD benefits even if you’re able to return to work in some capacity.
How Is PD Determined?
Once your medical condition stabilizes, your doctor will declare that you’ve reached Maximum Medical Improvement (MMI), also known as Permanent and Stationary (P&S) status.
At this point, the doctor will issue a detailed report outlining:
Your level of permanent impairment
How much of your injury was caused by work (called apportionment)
Any work restrictions or limitations
This report is used by the claims administrator to calculate your PD benefits.
What If I Disagree With the Doctor’s Report?
You have the right to dispute the findings. If you have an attorney, you’ll likely be evaluated by an Agreed Medical Evaluator (AME). If not, you can request a Qualified Medical Evaluator (QME) from a state-issued panel.
You must act quickly. If you fail to respond in time, the insurance company may select the QME instead of you.
How Is My PD Rating Calculated?
Your Permanent Disability rating is based on:
The medical impairment assigned by your doctor
Your age and occupation at the time of injury
Apportionment to non-work-related causes
A formula used by the Disability Evaluation Unit (DEU)
Your PD rating is expressed as a percentage (e.g., 15% disabled) and determines how much compensation you’ll receive.
These payments begin once your Temporary Disability (TD) ends and are paid biweekly. The number of weeks you’ll receive benefits depends on your PD rating.
How Do Permanent Disability Cases Settle?
PD cases usually end in one of three ways:
1. Stipulated Award
You and the insurance company agree on your rating and benefits.
You receive biweekly payments and retain rights to future medical care.
2. Compromise and Release (C&R)
You agree to a lump-sum settlement.
You give up rights to future medical treatment related to the injury.
3. Trial and Award
If there’s no agreement, a workers’ compensation judge will decide your case.
You can represent yourself, but legal representation is highly recommended.
Why Legal Help Matters
The workers’ compensation system can be complex. Our attorneys can help by:
Making sure your rating is accurate and fair
Ensuring you receive full compensation
Representing you in disputes and negotiations
Explaining how settlements affect your future care
If your work injury caused a lasting disability, we’re here to help. We’ve recovered millions for injured workers throughout Orange County and across California.
You don’t pay us unless we win. We offer free consultations, so schedule yours to get started. We can meet you at our office, your home, or at the hospital.
