Work-Related Permanent Injuries

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November 14, 2018
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November 21, 2018

Work-Related Permanent Injuries

Under workers’ compensation laws, when workers become injured they receive medical treatment.  Unfortunately, even the best medical treatment does not return some injured workers back to full health.  When further medical treatment will not improve an injured worker’s condition, he or she may be declared permanent and stationary (P&S) by the treating physician.  The physician will then prepare a P&S report to document the current condition of the injured worker.

Typically, P&S report list specific medical problems and describe how much pain you are experiencing. P&S reports also include details about your injury, and whether it will restrict your ability to work or require future medical care.  A P&S report will also estimate how much of your permanent injury was caused by your previous work duties.  If someone falls off a ladder, it’s likely that the injury was caused 100 percent by work duties, as the injury would not have happened otherwise.  But if the injury is repetitive or could conceivably be at least partially attributed to your recreational indoor soccer hobby, the doctor will say so.

When the P&S report is ready, your treating physician will send it to the claims administrator.  You have the right to receive a copy.  The report will affect future benefits, so obtaining a copy to make sure it’s accurate is important.  If you have questions or believe some information is missing or inaccurate, you can speak with your doctor.  You also have the right to request a second opinion if you do not think the P&S report is correct.

When the P&S report is ready, be sure to request a copy of it from the claims administrator.  The P&S report will affect your future benefits so it’s very important to make sure your report is accurate.  Speak to your treating doctor if you have questions or find any information that is missing or inaccurate.  Incorrect or missing information could result in a loss of benefits.  You have the right to challenge a P&S report and request a second opinion if you are unhappy with the results.

Workers’ compensation law is notoriously complex, especially in California.  A skilled injury attorney can help you understand your legal rights and fight to protect them.  If you’ve suffered an injury at work, call the Law Offices of Scott Warmuth today at 888-517-9888 for a free consultation.

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