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Disability Law Offices of Tony Adderley

Workers’ Comp And Permanent Loss Of Earning Capacity

  • By: Tony Adderley
  • Published: October 30, 2013
Depression And SSD Benefits

A work-related accident can be tragic if it keeps you from working at the job you love. Your future – including your earning capacity – may be permanently changed. It can happen to anyone. In California, workers’ compensation can provide benefits to workers who have suffered a permanent loss of earning capacity as the result of a work-related accident. An experienced workers’ compensation attorney can help qualified clients to obtain the compensation they deserve.

Workers’ compensation in California is a “no-fault” system, meaning it doesn’t matter if the injury was your fault or your employer’s; benefits are provided either way. However, the injured worker must demonstrate that the injury arose from and occurred in the course of employment.

With very narrow exceptions, workers’ compensation is the conventional legal remedy for injured workers in California. Workers’ compensation in California does not include damages for pain and suffering or for lost wages except in very limited legal circumstances.

Workers’ compensation law in California recognizes three kinds of injury. A specific injury happens at a precise moment, such as a slip-and-fall incident. A cumulative injury develops over time, like the repetitive motion that leads to carpal tunnel syndrome or repeated exposure to toxic dust that causes respiratory disease. To receive workers’ compensation for a work-related specific or cumulative injury in California, medical proof of the injury must be provided by a doctor.

Psychological or emotional injuries are also recognized by California’s workers’ compensation law (for employees who have steadily worked a minimum of six months), but these injuries are notoriously tough to prove. Typically, psychiatric injury claims are denied unless the injury has been caused by an employer’s illegal or offensive behavior. Psychological or emotional injuries caused by an incident like a robbery or a workplace assault may be easier to prove simply because they are easier to understand.

If you have suffered any of these injuries because of a work-related accident or incident, speak at once with an experienced workers’ compensation attorney. A good workers’ compensation lawyer can help you determine what compensation you are entitled to and how long you will be eligible to receive it. Especially if you have suffered a permanent loss of earning capacity, contact an experienced workers’ compensation attorney and begin receiving the compensation that is rightfully yours.

About the Author Tony Adderley has been working as a professional advocate for
individuals entitled to Social Security Disability (SSD) and worker’s
compensation benefits for more than 20 years.