Skip to Content

Blog

    • Clear All

Most Recent Posts

  • Accidents happen, even at work. When an accident occurs in the workplace and results in permanent disability, it can be challenging to know what to do next. This situation is incredibly stressful because it can happen to any worker regardless of their industry. Each state has its rules and regulations that govern the rights and compensation available to employees who suffer permanent disability in the workplace.

    1. Understand Worker’s Compensation Law

    Workers’ compensation laws, also known as workman’s compensation, mandate that employers provide benefits to injured employees. These benefits are often designed to cover medical expenses, disability benefits, and wage loss compensation. In most cases, workers’ compensation laws exclusively cover accidental injuries that occur at work, including permanent disabilities. Thus, it’s important to understand the specific laws in your designated state.

    2. Know Your Disability Rights

    The Americans with Disabilities Act (ADA) is a federal law that requires employers to grant reasonable accommodations to employees with disabilities. This legislation applies to employers with over 15 employees, including state and local governments. The types of reasonable accommodations available to affected workers will vary based on several factors, including disability type, job function, and cost to the employer. Importantly, workers will still need to be able to perform essential job functions even with reasonable accommodations, so it is critical to be informed of your rights and expectations regarding your disability.

    3. Get Legal Help

    The legal system can be complicated and tricky to navigate, especially when dealing with an injury that has affected your physical, emotional, and financial well-being. You may need to prepare complicated paperwork or give statements to the insurance company. If you ever feel like you’re not receiving the benefits, treatment, or accommodations that you deserve, it’s recommended that you seek out professional legal advice. They can help protect your rights and increase your chances of receiving the proper compensation for your situation.

    4. Document Everything

    If you have suffered a permanent disability in the workplace, you must start documenting everything related to your injury immediately. From the moment of the accident, keep copies of all relevant paperwork, including medical reports, bills, insurance documents, and more. This documentation helps you keep track of the details of your injury. It is a valuable tool for filing for worker’s compensation or seeking legal action against your employer.

    Workers’ Compensation Lawyers Serving California

    If you or a loved one has experienced a workplace injury resulting in a permanent disability, know that you are not alone. At Ghitterman, Ghitterman & Feld, we understand the complexities of workers' compensation and disability law. Our team is committed to advocating for your rights and ensuring you receive the benefits and accommodations you are entitled to. Contact us today at (805) 243-2179 to explore how our legal services can assist you in securing a stable and fulfilling future.

    What Are My Rights If I Suffer a Permanent Disability Due to a Workplace Injury?
  • Workers' compensation is your right to claim as an employee if you suffer an injury or disease. Workers' compensation guarantees you receive medical benefits and wage replacement if your injury or illness requires time off work. Workers’ compensation is essential for any employee, especially those working in hazardous conditions. However, sometimes, claims get denied, and you might wonder what to do next.

    1. Incomplete or Inaccurate Information

    One of the most common reasons for a worker's compensation claim denial is inadequate information. The claims adjuster needs to verify your information since they assess how much compensation you can receive. Be sure to provide comprehensive medical documentation that shows your injury was work-related. If you receive medical attention for your injury, inform your doctor that the injury occurred in the workplace.

    2. Late Reporting of the Injury

    Another widespread reason for a denied claim is reporting your injury too late. When an employee gets injured at work, they must report it to their employer as soon as possible, usually within thirty days. By reporting the injury late, an employee might allow skepticism, doubt, or insurance adjusters to question the claim's authenticity.

    3. Pre-existing Condition

    Submitting a claim might be problematic if your injury arises from a pre-existing condition. It is crucial that when filling out forms or speaking to your doctor, you notify them if you are suffering from a pre-existing condition. By doing so, the workers' compensation insurance will review your claim more accurately and make informed decisions. Remember that even if the pre-existing condition exacerbated your injury, this would not diminish your worker compensation eligibility.

    4. Employer Dispute

    An employer may dispute a worker’s compensation claim if they think the accident was due to the employee's negligent behavior. Furthermore, if there are no credible witnesses or incomplete documentation, the employer may argue that the employee's injury did not occur at work. To support your claim, it's essential to gather any evidence of the incident, such as surveillance footage, eyewitness testimonials, and workplace safety records.

    Workers’ Compensation Lawyers Serving California

    If you or a loved one is facing the challenge of a workers' compensation denial in Santa Barbara, CA, remember that you don't have to face it alone. At Ghitterman, Ghitterman & Feld, we understand the intricacies of workers' compensation law and are dedicated to helping you secure the benefits you deserve. Our experienced attorneys will guide you through the appeals process, from gathering additional evidence to representing you at hearings. Don't let a denial be the end of the road. Contact us at (805) 243-2179 to discuss your case and explore your options for a successful appeal.

    Common Reasons for Workers' Compensation Denials and How to Appeal Them Successfully
  • At Ghitterman, Ghitterman & Feld, our Santa Barbara workers’ compensation attorneys know that there is often some confusion about who approves or denies injured workers’ claims in California.

    Employers must report injuries to their workers’ compensation insurance carrier, but there may be instances where the employer contests the claim before it reaches the insurance company. To help clarify, employers cannot legally deny a workers’ compensation claim. However, in some cases, they may dispute the claim, asserting that the injury is not work-related, did not occur within the course and scope of employment, or for other reasons.

    Then, the insurance company can deny the claim if the employer states that the injury did not happen the way the employee reported.

    The employer’s workers’ compensation insurance company is responsible for evaluating and deciding on claims. After receiving notice of a workplace injury, the insurance company will investigate the claim. If the insurer believes the claim is invalid, they may deny it. Reasons for denial can include disputes over the cause of the injury, the severity of the condition, whether it is work-related, or issues with documentation.

    The insurance company is only interested in protecting its bottom line — not paying workers’ compensation claims — so they may dispute the benefits immediately and make the injured worker prove their injuries are work-related and as severe as they described.

    Here, we describe some common reasons for workers’ compensation denials in California.

    What are the Most Common Reasons Insurers Deny California Workers’ Compensation Claims?

    One of the most common reasons for workers’ compensation denials is failing to report the injury promptly. Notifying your employer as soon as possible after the injury occurs is crucial. Delays in reporting may raise questions about the validity of the claim.

    Other reasons the insurance company may dispute your California workers’ compensation claim may include:

    • Dispute Over the Where the Injury Occurred

    If your employer disputes that your injury or illness is work-related, the insurance company may deny your claim. Providing clear evidence linking the injury or illness to your work is essential.

    • Pre-Existing Conditions

    Insurance companies may dispute claims if they believe your injury is related to a pre-existing condition rather than a new workplace incident. However, you may still be eligible for benefits if a work-related incident exacerbates a pre-existing condition.

    • Failure to Seek Medical Treatment

    If you delay seeking medical treatment or fail to follow prescribed medical advice, your employer may question your injury’s severity or commitment to recovery.

    Inadequate or inconsistent medical evidence can lead to claim denials. Ensure that you seek prompt and appropriate medical attention and provide comprehensive documentation of your injuries, treatment, and how they relate to your job.

    • Intoxication or Substance Abuse

    If your injury resulted from being under the influence of drugs or alcohol, your claim may be denied. Employers may conduct drug tests after an incident, and positive results can impact your eligibility for benefits.

    • Independent Medical Examination (IME) Discrepancies

    If you undergo an independent medical examination as part of the claims process and the results differ significantly from your treating physician’s assessments, your claim may be contested.

    If your workers’ compensation claim is denied, you have the right to appeal the decision, and we can help. Contact our skilled California workers’ compensation attorneys, who can help you understand the reasons for the denial and guide you through the appeals process to seek the benefits you deserve.

    We have six physical offices in Bakersfield, Fresno, Santa Barbara, Santa Maria, Ventura, and Visalia, and our top-tier technologies provide a virtual reach to serve clients throughout California. We offer free in-person, telephone, and virtual consultations to offer straightforward legal advice for your unique needs.

    Contact us today to learn how we can help.

    Why is My California Employer Denying My Workers’ Compensation Claim?
  • At Ghitterman, Ghitterman & Feld, our Santa Barbara Subsequent Injuries Benefits Trust Fund (SIBTF) and workers’ compensation attorneys have protected the rights of California residents since 1956. Because of our experience, we know there are a lot of questions about how these benefits differ.

    While both systems are designed to benefit injured workers, SIBTF comes into play under specific circumstances and addresses unique situations.

    Here, we hope to clarify the critical differences between SIBTF and standard workers’ compensation.

    What are the Key Differences Between SIBTF and Standard Workers’ Compensation?

    One of the defining differences between workers’ compensation and SIBTF benefits is the nature of the injuries. Workers’ compensation generally covers injuries sustained on the job or occupational diseases. SIBTF specifically addresses subsequent injuries that occur to workers who already have a permanent disability, impairment, or pre-existing condition at the time of a new job-related injury.

    Other essential differences include:

    • The Purpose and Calculation of the Benefits

    Workers’ Compensation: Aims to compensate workers for injuries sustained on the job, based on the nature and extent of the work-related injury, providing medical benefits, wage replacement, rehabilitation services, and, in some cases, permanent disability benefits.

    SIBTF: Designed to encourage employers to hire or retain individuals with pre-existing disabilities by providing additional compensation calculated based on a formula that considers the pre-existing disability, the subsequent injury, and the resulting combined disability. In addition, SIBTF offers further compensation to the employer through a subsidy, helping cover the cost of increased workers’ compensation benefits due to the combined effects of the pre-existing and subsequent injuries.

    • The Threshold for SIBTF Eligibility

    Workers’ Compensation: No pre-existing disability requirement. Benefits are available for any work-related injury, regardless of whether the worker has a previous disability.

    SIBTF: Requires the injured worker to have a pre-existing permanent disability or impairment at the time of the new injury. The subsequent injury must cause a combined disability more severe than the individual’s pre-existing condition.

    Understanding these distinctions is crucial for both employers and employees, as it affects how benefits are provided and calculated in cases where a worker has a pre-existing disability and sustains a subsequent injury on the job.

    Our skilled California workers’ compensation and SIBTF attorneys can help play a significant role in navigating the complexities of both systems so our clients have access to the complete level of benefits they deserve.

    We have six physical offices in Bakersfield, Fresno, Santa Barbara, Santa Maria, Ventura, and Visalia, and our top-tier technologies provide a virtual reach to serve clients throughout California. We offer free in-person, telephone, and virtual consultations to offer straightforward legal advice for your unique needs.

    Contact us today to learn how we can help.

    How SIBTF Differs from Standard Workers' Compensation in California
  • Since 1956, our Santa Barbara workers’ compensation attorneys at Ghitterman, Ghitterman & Feld have helped injured employees throughout California to ensure they have access to the benefits they are entitled to after they have been sidelined by a workplace accident.

    Part of our success includes informing our clients of their obligations and responsibilities to ensure a smooth and effective workers’ compensation claims process.

    If you have been hurt at work, you must follow the necessary protocols to ensure the insurance company positively views your claim. Here, we discuss those essential factors so you do not leave any critical details to chance.

    How Can Injured California Employees Help Secure Workers’ Compensation Benefits?

    Understanding and fulfilling your employee obligations is crucial for obtaining workers’ compensation benefits in California.

    All injured employees must:

    • Report the Injury Promptly

    Report any work-related injury or illness to your employer as soon as possible.

    Inform your employer verbally and in writing about the details of the injury, including when, where, and how it occurred. Provide this notice to your employer within 30 days of the injury or when you became aware of a work-related illness. Any delays in reporting may affect the validity of your claim.

    Complete and submit a Workers’ Compensation Claim Form (DWC-1) to your employer immediately. This form officially initiates the workers’ compensation claims process.

    • Seek Medical Treatment

    Obtain necessary medical treatment promptly. You have the right to choose your treating physician from a list provided by your employer or workers’ compensation insurance carrier.

    • Follow the Prescribed Medical Advice

    Comply with the treatment plan prescribed by your treating physician. Follow medical advice to ensure your eligibility for benefits is met.

    • Cooperate with the Claims Process

    Cooperate fully with the workers’ compensation claims process. This includes providing all necessary information, documents, and statements to your employer, the insurance carrier, and any other parties involved in the claims process.

    Attend Medical Examinations

    Attend any medical evaluations requested by the workers’ compensation insurance carrier. This may include independent medical examinations (IME) conducted by a physician the insurance company chose.

    • Keep Records

    Keep records of all communications, medical treatment, and expenses related to the injury. This includes documenting dates, times, and details of incidents, as well as preserving medical bills and receipts.

    • Return to Work, if Possible

    If your treating physician determines that you can return to work with restrictions, make a good-faith effort to return to suitable modified or alternative employment provided by your employer.

    • Participate in Vocational Rehabilitation, if Necessary

    If your injury prevents you from returning to your previous job, cooperate with any vocational rehabilitation services that may be offered to help you transition to a different role or occupation.

    • Communicate Changes in Employment Status

    Keep your employer and the workers’ compensation insurance carrier informed of any changes in your employment status, including changes in your ability to work or significant improvements in your condition.

    By fulfilling these obligations, employees contribute to the efficiency of the workers’ compensation process and help ensure that they receive the benefits to which they are entitled under California law.

    If you have questions or encounter challenges during the process, contact our dedicated workers' compensation attorneys in California, who can provide assistance and advocate for your rights.

    We have six physical offices in Bakersfield, Fresno, Santa Barbara, Santa Maria, Ventura, and Visalia, and our top-tier technologies provide a virtual reach to serve clients throughout California. We offer free in-person, telephone, and virtual consultations to offer straightforward legal advice for your unique needs.

    Contact us today to learn how we can help.

    What are California Employees’ Obligations When Filing for Workers’ Compensation?
  • Our Santa Barbara Social Security Disability attorneys at Ghitterman, Ghitterman & Feld know that whether you have to attend a Social Security Disability (SSD) hearing depends on several factors, including the stage of the application and whether the Social Security Administration (SSA) determines that a hearing is necessary to evaluate your disability claim.

    The SSA reviews the application, medical records, and other evidence submitted to make an initial determination. If your initial application is denied, you have the right to request reconsideration. If your claim is denied after reconsideration, and you wish to continue pursuing benefits, you can request a hearing before an Administrative Law Judge (ALJ).

    At this stage, a hearing is typically scheduled. The ALJ hearing allows you to present your case, provide additional evidence, and testify about your disability.

    A Social Security Disability (SSD) hearing in California is essential in seeking disability benefits. The hearing is typically conducted by an administrative law judge (ALJ) and is designed to allow you to present your case and provide additional evidence supporting your disability claim.

    What Can I Expect from a Social Security Disability Hearing in California?

    You will receive a notice informing you of the hearing's date, time, and location. Hearings are usually held at an Office of Disability Adjudication and Review near you or a video teleconference location. Attending the hearing is crucial, and you should notify the Social Security Administration (SSA) if you cannot make it.

    At the hearing, you can expect to encounter:

    • ALJ and Hearing Procedures

    An administrative law judge (ALJ) will preside over the hearing. The ALJ will introduce everyone present, explain the purpose of the hearing, and outline the procedures.

    • The Opportunity to Testify

    You will be able to testify about your disability, limitations, and how it affects your ability to work. Be prepared to provide detailed information about your medical condition, symptoms, and daily activities. You can submit additional medical records, doctor letters, and other evidence to support your claim. Providing any new and relevant information to strengthen your case is essential.

    • Questioning by the ALJ

    The ALJ may ask you questions about your medical history, treatment, and any efforts you have made to work despite your disability. Be honest and provide as much detail as possible.

    • Medical and Vocational Experts

    Sometimes, the ALJ may have a medical or vocational expert present at the hearing. These experts may provide insight into your medical condition and your ability to work.

    • Decision Timeline

    The ALJ will not typically announce a decision at the hearing. Instead, you will receive a written decision later. The decision will outline whether your claim has been approved or denied.

    • Appeals Process

    If your claim is denied, you have the right to appeal. The appeals process involves additional steps, including requesting a review by the Appeals Council and, if necessary, filing a lawsuit in federal court.

    Consider Seeking Legal Representation for Guidance

    While you are not required to have legal representation, our Social Security Disability attorneys in California can help present your case, advocate your position, navigate the legal aspects, and improve your chances of a successful outcome.

    Since 1956, we have protected the rights of California residents seeking SSD benefits in the initial stages of the application process, during SSD hearings, and the appeals process so they understand their rights and can make informed decisions about the direction of the claims.

    No matter where you are in the SSD process, we can help.

    We have six physical offices in Bakersfield, Fresno, Santa Barbara, Santa Maria, Ventura, and Visalia, and our top-tier technologies provide a virtual reach to serve clients throughout California. We offer free in-person, telephone, and virtual consultations to offer straightforward legal advice for your unique needs.

    Contact us today to learn how we can help.

    What to Expect from a California Social Security Disability Hearing
  • At Ghitterman, Ghitterman & Feld, our Santa Barbara Social Security disability attorneys explain to each eligible client why pursuing auxiliary benefits matters to their claims.

    Since 1956, we have prided ourselves on our reputation for obtaining the best results for disabled California residents, including those pursuing access to auxiliary benefits for their family members.

    Here, we discuss why access to auxiliary benefits matters to our clients.

    Why is Access to Auxiliary Benefits Important for SSDI Recipients?

    Auxiliary benefits are usually worth about half of the disabled worker’s disability benefits and may be paid to spouses, children, adopted children, step-children, and grandchildren.

    Auxiliary benefits are funded by the taxes paid by the disabled worker while working and are essential for several reasons, including:

    • Financial Support for Dependents

    Auxiliary benefits help provide financial support to dependents, including spouses and children, who rely on the Social Security recipient’s income. This can be particularly crucial if the primary beneficiary becomes disabled, retires, or dies.

    • Maintaining Standard of Living

    Social Security auxiliary benefits contribute to maintaining the standard of living for the entire family. The additional income helps cover basic living expenses, such as housing, utilities, food, and other necessities.

    • Educational Support

    Social Security auxiliary benefits can be used to support the education of dependent children. This includes covering educational expenses such as school supplies, tuition, and other related costs, helping to ensure that the children have access to educational opportunities.

    • Medical Coverage

    Dependents of Social Security beneficiaries may also be eligible for Medicare coverage. This is especially important for spouses who may not have reached the age of eligibility for Medicare based on their work history.

    • Disability Support

    If the primary Social Security beneficiary becomes disabled, dependent spouses and children may be eligible for auxiliary benefits, providing financial assistance during a challenging period when the primary earner cannot work.

    • Reducing Economic Hardship

    Social Security auxiliary benefits play a crucial role in reducing economic hardship for families facing life events such as retirement, disability, or the death of a breadwinner. This support helps mitigate financial stress and provides a safety net for the family.

    • Promoting Family Stability

    Financial stability contributes to overall family well-being and stability. Auxiliary benefits help families maintain a reasonable quality of life, promoting security and stability for dependent spouses and children.

    • Survivor Benefits

    In the case of the death of a Social Security recipient, surviving spouses, and dependent children may be eligible for survivor benefits. These benefits can help the family cope with the financial challenges that may arise after losing the primary earner.

    Our skilled Social Security disability attorneys in California help individuals and families navigate the system's complexities to help ensure they receive the benefits they are entitled to.

    We have six physical offices in Bakersfield, Fresno, Santa Barbara, Santa Maria, Ventura, and Visalia, and our top-tier technologies provide a virtual reach to serve clients throughout California. We offer free in-person, telephone, and virtual consultations to offer straightforward legal advice for your unique needs.

    Contact us today to learn how we can help. 

    Why Access to Auxiliary Benefits Matter During California Social Security Disability Claims
  • At Ghitterman, Ghitterman & Feld, our Santa Barbara workers’ compensation and social security disability attorneys have protected the rights of California residents since 1956. Sixty-five years later, GG&F continues fighting for the rights of the injured and disabled in California through a team of dedicated and compassionate attorneys and staff.

    Many of our attorneys hold the Certified Specialization in Workers’ Compensation from the State Bar of California, granted to less than 5% of workers’ compensation attorneys. We pride ourselves on our reputation to obtain the best result possible due to our expertise, tenacity, and accessibility.

    This means leaving no stone unturned during our relentless approach to pursuing every benefit available to our clients.

    What Does Having a “Relentless” Social Security Disability or Workers’ Compensation Attorney Mean to My Case?

    Having a “relentless” attorney means partnering with a dedicated, persistent, and unwavering advocate who will pursue Social Security Disability and workers’ compensation benefits for their clients.

    At GG&F, our attorneys present our clients with their eligibility options for all types of benefits that match their injuries, disabilities, and other conditions so they can access the financial support they deserve from the insurance company and state and federal resources.

    We set ourselves apart from other law firms in California through the following:

    • Thorough Case Preparation

    Our skilled SSD and workers’ compensation attorneys will meticulously prepare your case by gathering all relevant medical records, employment history, and other supporting documentation. We leave no stone unturned to build a strong case for each client.

    • Advocacy at All Stages

    Social Security Disability and workers’ compensation claims often go through multiple stages, including initial application, reconsideration, and potential hearings and appeals. Our relentless attorneys are committed to advocating for our clients at every stage of the process, ensuring that all necessary steps are taken to maximize the chances of success.

    • Strategic Appeals

    If a disability or workers’ compensation claim is denied, our relentless attorneys will explore all available appeal options. This may involve filing appeals, requesting hearings, and presenting compelling arguments to administrative law judges to overturn denials.

    • Effective Communication

    As relentless attorneys, we keep clients informed about the progress of their case, communicate regularly, and answers any questions or concerns quickly and effectively. Clear and open communication is essential to maintaining trust and ensuring that our clients know the steps being taken on their behalf.

    • Knowledge of Social Security & Workers’ Compensation Regulations

    Our SSD and workers’ compensation attorneys stay up-to-date on changes in Social Security and workers’ compensation regulations and understand each system’s nuances. This knowledge allows us to navigate complex rules and requirements for our client’s benefit.

    • Courtroom Advocacy

    Our relentless attorneys are prepared to present a strong case should it progress to a hearing before an administrative law judge. This may include cross-examining witnesses, presenting evidence, and making legal arguments to support the client's claim.

    • Patience and Perseverance

    Social Security Disability and workers’ compensation claims can be lengthy and challenging. Our relentless attorneys demonstrate patience and perseverance, recognizing that the process may involve setbacks but remaining steadfast in their commitment to securing client benefits.

    Our level of dedication, determination, and tenacity in pursuing the best possible outcome for individuals seeking disability and workers’ compensation benefits is essential to our clients, which makes it important to us.

    GG&F is Committed to Living Out Our Mission Statement and Our Core Values

    We have a relentless commitment to protect our clients’ rights. Always.

    That means:

    • We are champions for social justice.
    • We are committed to professional excellence.
    • We are dedicated and persistent advocates for our clients.
    • We talk with our clients to ensure they know their rights.
    • We exceed our clients’ expectations.
    • We leave no stone unturned.

    At Ghitterman, Ghitterman & Feld, we want our clients to feel confident that our attorneys tirelessly work on their behalf throughout their claims’ complex and bureaucratic processes.

    We have six physical offices in Bakersfield, Fresno, Santa Barbara, Santa Maria, Ventura, and Visalia, and our top-tier technologies provide a virtual reach to serve clients throughout California. We offer free in-person, telephone, and virtual consultations to offer straightforward legal advice for your unique needs.

    Contact us today to learn how we can help.

    Why Partnering with Relentless Workers’ Compensation and Social Security Disability Attorneys and Advocates Can Enhance Your Claim
  • At Ghitterman, Ghitterman & Feld, our Santa Barbara workers’ compensation attorneys have protected the rights of California residents since 1956. We understand that while most workers fully recover from job injuries, some suffer permanent disabilities that keep them from returning to work. For the permanently injured, their disability benefits are based on a “rating,” which is a percentage that estimates how much a disability limits the kinds of work the injured worker can do or their ability to earn a living. It also determines the amount of permanent disability benefits.

    The California Department of Industrial Relations sets the permanent disability chart that determines the amount the injured worker receives. Here, we discuss what factors are determined when establishing each person’s rating.

    What Factors Help Establish an Injured California Worker’s Permanent Disability Rating?

    In California, permanent disability ratings are based on several factors:

    • The medical condition outlined by a medical professional — independent or assigned through the employer’s workers’ compensation insurance approved list of physicians.
    • The date of injury.
    • The worker’s age when injured.
    • The worker’s occupation, based on their job at the time of injury.
    • How much of the disability was caused by the job, compared to how much was caused by other factors — referred to as “apportionment.”

    The impairment number is put into a formula to calculate the percentage of disability. A rating of 100% means a permanent total disability. Ratings of 100% are very rare. A rating between 1% and 99% means a permanent partial disability.

    Examples of permanent disabilities and permanent partial disability percentages include:

    • Amputation of the index finger at the middle joint: 11%
    • Total loss of vision in one eye, normal vision (20/20) in the other eye: 28%

    How is the Amount of Permanent Disability Benefits Calculated in California?

    Your percentage of disability equals a specific dollar amount, depending on the date of your injury and your average weekly wages at the time of injury.

    In California, permanent disability benefits are usually two-thirds of the average weekly wage earned before the injury.

    The state sets a minimum and maximum benefit, currently listed at:

    grid of cost breakdown

    What if I Disagree with the Medical Examiner’s Report?

    If you disagree with the doctor’s evaluation of your disability status, you have rights and should receive a medically impartial assessment. Contact our skilled California workers’ compensation attorneys who will present your case to the proper parties to resolve your medical dispute so you can pursue the permanent disability benefits you are entitled to by law.

    How Can Ghitterman, Ghitterman & Feld Help with My Permanent Disability Claim?

    The California workers’ compensation attorneys at Ghitterman, Ghitterman & Feld have a record of proving our clients’ claims deserve a higher percentage rating because we know their livelihoods depend on it.

    In addition, we exhaust all potential financial opportunities while handling their claims, including helping workers pursue the state’s Subsequent Injuries Benefits Trust Fund (SIBTF) for their complete needs.

    Our attorneys specialize in SIBTF claims, which involve tapping into a California fund that provides additional workers’ compensation benefits to injured workers who have a pre-existing disability.

    Our managing partners, Russell Ghitterman and Benjamin Feld, are both Certified Specialists in Workers’ Compensation with the State Bar of California, making ours one of the only law firms in the state to focus on important SIBTF cases.

    We have six physical offices in Bakersfield, Fresno, Santa Barbara, Santa Maria, Ventura, and Visalia, and our top-tier technologies provide a virtual reach to serve clients throughout California. We offer free in-person, telephone, and virtual consultations to offer straightforward legal advice for your unique needs.

    Contact us today to learn how we can help.

    How California Workers’ Compensation Payments are Determined Using the Permanent Disability Chart