When Treatment for a Work Injury is Not Helping

One promise of workers’ compensation benefits is to allow an injured worker to seek medical treatment.  Regardless of how a work injury occurs, where it occurs, or who or what is to blame for the incident that led to the injury, workers hurt on the job can seek medical treatment for as long as necessary, until they are deemed fully recovered.  There are some work injuries, however, that will never result in a full recovery, regardless of how much medical treatment is received.

Obviously, no amount of medical treatment is going to help victims of catastrophic work injuries, such as paralysis or dismemberment, fully recover.  But many work injuries considered minor or moderate also never result in a full recovery.  When treatment for a work injury is no longer helping a patient recover, medical staff will declare the patient “permanent and stationary” (P&S) and stop performing further treatment.  Upon being declared P&S, an injured worker is considered permanently disabled and eligible for permanent disability benefits.

The amount of permanent disability benefits received by an injured worker vary.  Upon declaration of P&S, medical staff produce a report that determines a “disability rating” from 0 to 100 percent based on several factors, including:

  • Severity of the injury
  • Pain levels, even after treatment
  • Ability to perform assigned work duties
  • Previous, non-work-related injuries
  • Future medical care

After a disability rating is assigned, it is used in a mathematical formula that uses several variables, including an injured worker’s age and occupation, to determine permanent disability benefits.  Receiving permanent disability benefits does not mean that an injured worker can no longer work or even perform the same work duties as before.  It is only an acknowledgement that an injured worker has suffered a work injury and could not fully recover, even after medical treatment.

If you have been injured at work, you are entitled to medical treatment and disability benefits.  Filling a workers’ compensation claim is notoriously difficult in California, which is why the Law Offices of Scott Warmuth is here to help.  We provide a robust legal service that ensures you are receiving the medical treatment you need with the care you deserve.  If we do not win your case, we do not charge you any fees.  For a free consultation and work injury evaluation, call us today at 888-517-9888!

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