California Permanent Disability Benefits In 2024

California is one of a small minority of states that offers its own state disability benefits program to adults who cannot work due to injuries or illnesses that are not work-related. These benefits are offered through the State Disability Insurance (SDI) program.

Under the SDI program, you receive 60 to 70% of your pre-disability wages as a benefit. You can receive benefits only for a maximum of 52 weeks. As a result, these benefits will not provide the continued income you need if you suffer a permanent disability.

There are other benefit options for individuals who are permanently disabled though. Most notably, California workers’ compensation benefits provide permanent disability benefits for you if your injuries were work related.

If you do not qualify for these permanent disability California benefits, your options may be limited to either Social Security Disability benefits or benefits from a private insurer if you had a policy in place prior to the time you became sick or hurt and unable to work.

You are most likely to be able to get benefits for a permanent disability under California law if your disability is work related. This means that it must have occurred as a direct result of your performance of work duties.

If you were hurt on the job, your employer’s workers’ compensation insurer will provide you with benefits regardless of whether the employer was negligent in any way. These benefits can include payment of medical bills, as well as temporary or permanent disability benefits for full or partial disability.

It is important to know whether your condition actually qualifies as a permanent disability, as well as the types of compensation you can get based on your level of impairment.

What Is a Permanent Disability Under California Workers’ Comp Laws?

A permanent disability occurs when a doctor who is treating you for an injury or illness caused by your work believes that you will never get better.

If you are being treated and your doctor believes your condition has become stable and will no longer get worse or better, then you are classified as having a “permanent and stationary (P&S)condition. Your doctor indicates you have reached “maximum medical improvement” and prepares a P&S report specifying the following:

• Your medical problems and the level of impairment and pain they cause
• Work restrictions and whether you can go back to your job
• Ongoing medical care you will need
• An estimate of how much of your disability is job related

You are given a rating based on many factors including how big of an impact your disabling
condition has. A rating of 100% is a permanent total disability, while a rating between 1% and 99% means you have a permanent partial disability.

What Conditions Usually Qualify as a Permanent Disability for Workers’ Compensation?

Some conditions that are often classified as a permanent disability in California include the following:

• Traumatic brain injury
• Paralysis
• Blindness or hearing loss
• Amputation/limb loss
• Joint damage
• Nerve damage
• Spinal injuries
• Burns

Depending on the way in which your condition affects your work ability, you may be classified as either permanently partially disabled or permanently totally disabled. This classification affects the duration during which you will receive permanent disability benefits.

How Much are Permanent Disability Benefits Worth Under California Law?

If you qualify for permanent disability benefits due to a work-related injury, California workers’ compensation laws dictate how much money you are entitled to receive.

With a permanent total disability, you are able to receive benefits for the remainder of your life. Usually, your benefits equal ⅔ of your average weekly wages earned prior to your injury, although the state sets a minimum and a maximum benefit.

If you have a permanent partial disability, the amount of your payments is still typically ⅔ of average weekly wages. But, the number of weeks you will receive benefits will depend on the percentage of permanent disability. California workers’ compensation charts can help you determine how many weeks of benefits you are eligible for based on your PD rating.

Remember, it is up to you to show that your injuries were work related in order to get these benefits. A workers’ compensation attorney can help you to make your case for permanent disability California workers’ comp benefits so you can maximize the chances of getting the money you need.

If you do not qualify for workers’ compensation disability benefits, then your best option fornongoing disability income is likely to apply for Social Security Disability benefits. These benefits don’t necessarily require a permanent disability, but you do need a long-term disabling condition that has a severe impact on your ability to work.

You can get Social Security Disability benefits through Social Security Disability Insurance (SSDI) or through Supplemental Security income (SSI). The first program is not means tested and you qualify for it only if you’ve worked enough to earn a certain number of work credits, while the second is not based on work history but is need based so higher earners with more financial resources won’t qualify.

To get SSDI or SSI benefits, you need to show you have a condition listed in Social Security’s “Blue Book” (which is formally called the Listing of Impairments) and that you have specific symptoms accompanying the condition. If your condition isn’t listed, it must be equivalent in severity. It also must have lasted 12 months, be expected to last 12 months or be terminal.

Many people are initially denied Social Security Disability benefits, but if you need this ongoing source of income due to a permanent disabling condition that prevents you from working, you should contact a disability benefits lawyer ASAP to appeal the denial. An attorney can help you navigate the appeals process to try to get the money you need.