What Is Disability in a California Workers’ Compensation Case?
In a California workers’ compensation case, the term disability refers to how a job-related injury or illness affects a worker’s ability to earn wages. Disability is not just about a medical condition—it is about whether the injury limits or prevents the worker from performing their job and earning income.
California workers’ compensation law recognizes two main types of disability: temporary and permanent. Each can be either total or partial, depending on the extent of the worker’s limitations.
Temporary Disability
Temporary disability applies when a worker is recovering from an injury and cannot perform their usual job. These benefits are meant to partially replace lost wages during the healing period.
- Temporary total disability (TTD): The worker cannot work at all during recovery
- Temporary partial disability (TPD): The worker can perform some work but earns less than before the injury
Benefits continue until the worker returns to work, is cleared for modified duties, or reaches maximum medical improvement.
Permanent Disability
Permanent disability means the worker has lasting limitations even after reaching maximum medical improvement. A doctor will assign a permanent disability rating that reflects how much the injury has reduced the worker’s ability to compete in the labor market.
- Permanent total disability (PTD): The worker is unable to return to any kind of work
- Permanent partial disability (PPD): The worker has some lasting restrictions but can still work in some capacity
Permanent disability benefits are paid based on the percentage of disability, age, occupation, and other factors outlined in the Permanent Disability Rating Schedule.
How Disability Is Determined
Disability is based on medical reports, work restrictions, and wage loss. Treating physicians, qualified medical evaluators (QMEs), or agreed medical evaluators (AMEs) provide opinions on the extent of the injury and the worker’s ability to return to work.
In cases where there is a dispute, the matter may be reviewed by a workers’ compensation judge.
How Disability Affects Benefits
Disability status determines what benefits a worker receives, how long they receive them, and whether they qualify for retraining or other support. Accurate classification is essential for protecting the worker’s rights and financial stability.
Get Help With Disability Classification and Benefits
If you are unsure about your disability status or believe your condition has been misclassified, legal guidance can help. The Law Offices of Norman J. Homen assists injured workers throughout California with medical evaluations, benefit disputes, and permanent disability ratings.
