Does a Permanent Work Restriction Increase Your Workers’ Comp Settlement in California?
If your doctor has given you permanent work restrictions after a work injury, you probably have questions about what that means for your case. One of the most common is whether those restrictions affect your settlement amount.
The short answer is yes, they can, significantly. Here’s why:
Permanent Restrictions Mean Permanent Disability
When your doctor assigns permanent work restrictions, it’s usually because your injury left you with lasting limitations. In California workers’ comp, lasting limitations translate into a permanent disability rating.
That rating is expressed as a percentage. The higher the percentage, the more weeks of permanent disability payments you receive and the larger your potential settlement.
Permanent work restrictions directly feed into that rating. A restriction like “no lifting over 10 pounds” or “no prolonged standing” tells the evaluating doctor that your ability to work has been genuinely and permanently affected. That carries real weight in the rating process.
Your Ability to Earn Matters Too
California’s permanent disability system doesn’t just look at your medical condition. It also considers how your restrictions affect your ability to earn a living going forward.
If your restrictions prevent you from returning to the type of work you did before, that loss of earning capacity factors into your overall compensation. The bigger the gap between what you could earn before and what you can earn now, the more your case may be worth.
This is especially important for workers in physical jobs like construction, warehouse work, or manufacturing. A restriction that limits lifting or standing can effectively end a career in those industries, and a good attorney will make sure that’s reflected in your settlement.
The Insurance Company Will Try to Minimize Your Rating
Once permanent restrictions are on the table, the insurance company typically sends you to their own doctor for an independent medical examination. That doctor’s job, in practice, is to produce findings that lower your disability rating and reduce what they have to pay.
Common tactics include attributing part of your condition to a pre-existing issue through apportionment or finding that your restrictions are less limiting than your treating doctor says they are.
You have the right to challenge those findings. A Qualified Medical Evaluator (QME) or Agreed Medical Evaluator (AME) can provide an independent opinion, and a workers compensation attorney can help you fight back against a rating that doesn’t reflect your actual limitations.
Permanent Restrictions Can Also Support a Future Medical Award
Settlements in California workers’ comp cases often include a component called a future medical award, which covers ongoing treatment related to your injury. If your restrictions indicate a permanent condition that will require continued care, that adds to the overall value of your case.
The insurance company will want to close out future medical with a lump sum. Making sure that the number reflects your actual long-term needs is something an attorney can help you evaluate before you sign anything.
Don’t Settle Before Your Condition Is Permanent and Stationary
One of the biggest mistakes injured workers make is settling too early, before their doctor has declared them permanent and stationary. Once you settle, the case is closed. If your restrictions turn out to be more severe than expected, there’s generally no going back.
Wait until your condition has stabilized, get a clear picture of what your permanent restrictions actually are, and have an attorney review any offer before you accept it.
Talk to a Workers’ Compensation Lawyer in Ontario, Cali
Permanent work restrictions can meaningfully increase your settlement, but only if you have someone making sure the insurance company accounts for them properly.
LG Law Center works with injured workers throughout Ontario, Rancho Cucamonga, Fontana, Upland, and the Inland Empire. Call (866) 940-9744 or fill out the form below for a free consultation. No upfront fees, and we only get paid if we win compensation for you.
Luis Gonzalez Esq.
Attorney Luis Gonzalez graduated from the University of California Los Angeles, B.A., and Syracuse University College of Law, J.D., class of 2005. After graduation, he assisted large corporations with a variety of difficult legal matters in Washington D.C., then returned to California in 2010 to open his own law firm, LG Law Center, Inc.
Luis Gonzalez is an attorney that takes pride in his work and puts his best foot forward for every client. He represents indivduals with their worker’s compensation cases, as well as those seeking criminal defense representation. His approach has always been, treat clients with compassion, respect and to take time to ensure an understanding of legal options and the courtroom procedure.
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