Permanent Impairment

Permanent Impairment vs. Permanent Disability

The term "impairment" is defined by the American Medical Association as "an alteration of an individual's health status; a deviation from normal in a body part or organ system and its functioning". In order for a physical or mental impairment to be legitimate, it must be established by medical evidence that consists of symptoms, signs and laboratory findings and not only by the individual's claim of symptoms. Impairment will be considered permanent when it has reached maximum medical improvement and is unlikely to change substantially in the next year with or without medical treatment.

Permanent impairment differs from permanent disability, which is defined as the inability to engage in any substantial, gainful activity by reason of physical or mental impairment that is determined medically. Permanent disability can be expected to last for a continuous period of time and anything lasting less than 12 months is not considered to be permanent but is a temporary disability. A person who is impaired significantly can have no disability, and a person who is disabled can have no impairment. Thus, it is vitally important to distinguish the difference between impairment and disability before seeking workers' compensation benefits from a workplace injury.

Consult an Oakland Workers' Compensation Attorney

According to the California system for measuring workers' compensation impairment, the injured individual's functional capacity will be determined in relation to a work category. Each category has its own defined ranges of performance for various work-related tasks. This assessment will be used to determine the workers' compensation benefits that an injured worker will receive from their employer's workers' comp insurance company.

Free Consultation: Call (888) 245-6507 Today!

It is imperative that you have strong legal representation during the time following your accident and while the amount of compensation is being determined. The dedicated attorneys at The Law Offices of Jonathan M. Brand have been serving workers in Oakland and the surrounding areas since 1989, and they will go the extra mile to help you recover the full amount of compensation available.