Permanent Disability Rating
Before a permanent disability rating, most injured workers receive temporary disability benefits while they recover. When a workplace injury causes lasting impairment, California assigns a permanent disability (PD) rating that directly affects the compensation you're entitled to — and getting that rating right matters.
What Is Permanent Disability?
Permanent disability (PD) is the part of California workers' compensation that pays you for lasting effects of a work injury, meaning limitations that remain after you've recovered as much as you're expected to. It's different from temporary disability, which replaces lost wages while you heal. You can receive PD whether or not you return to work.
The amount you receive depends almost entirely on one number: your permanent disability rating, expressed as a percentage from 0% to 100%.
When Does Your Condition Get Rated?
Your condition is rated once it becomes "permanent and stationary" (also called maximum medical improvement), meaning it has stabilized and isn't expected to get much better or worse with treatment. At that point, a doctor writes a report describing your permanent impairment. Depending on your case, that doctor may be your treating physician, a Qualified Medical Evaluator (QME), or an Agreed Medical Evaluator (AME) chosen by both sides.
That report is the foundation of your entire PD claim, which is why what the doctor includes, or leaves out, matters so much.
How a Permanent Disability Rating Is Calculated
For injuries on or after January 1, 2013, California rates permanent disability using a formula set out in Labor Code section 4660.1 and the state's Permanent Disability Rating Schedule:
- Whole Person Impairment (WPI): the doctor measures your impairment using the AMA Guides to the Evaluation of Permanent Impairment, 5th Edition.
- 1.4 adjustment: the WPI is multiplied by a fixed adjustment factor of 1.4.
- Occupation: the rating is adjusted based on the physical demands of your job.
- Age: the rating is adjusted for your age on the date of injury.
- Apportionment: if part of the disability is caused by something other than the work injury, that portion may be subtracted.
- Combining body parts: ratings for multiple body parts are combined using a chart, not simply added, so two 20% ratings do not equal 40%.
Small differences at each step can change the final number by several percentage points, and each point can be worth thousands of dollars.
How Your Rating Turns Into Money
Your PD rating determines how many weeks of payments you receive, under a schedule in Labor Code section 4658. Higher ratings earn more weeks per percentage point, so the value climbs faster as the rating goes up.
The weekly amount is generally two-thirds of your average weekly wage, within a minimum and maximum. For most injuries in recent years, that range is:
- When payments start: generally within 14 days after temporary disability ends, if some permanent disability is expected, and then every two weeks.
- Ratings of 70% or more: may qualify for a life pension after the regular PD payments end.
- A 100% rating: is permanent total disability, which is paid for life.
What Is Apportionment?
Apportionment is the insurance company's most common way to reduce a PD award. Under Labor Code sections 4663 and 4664, a doctor must address whether part of your permanent disability was caused by something other than your work injury, such as a prior injury, a degenerative condition, or age-related changes. Whatever percentage is apportioned to other causes may be taken out of your award.
Apportionment has to be supported by substantial medical evidence, not just a guess. A doctor who simply points to "degeneration" or your age without explaining how and why it contributes may not meet that standard. This is especially important in cumulative trauma claims, where insurers often argue that wear and tear, not work, caused the condition.
Common Ways PD Ratings Go Wrong
- Low impairment numbers from a doctor who didn't measure or test thoroughly
- Missing body parts, where an injured part of the body is never evaluated or rated
- Excessive apportionment that isn't backed by real medical reasoning
- The wrong occupational group, which understates how physically demanding your job was
- Ratings that don't reflect reality, where the formula produces a number that doesn't match how much the injury actually limits your ability to work
A rating can be challenged. Options include asking the doctor to correct or clarify the report, obtaining a supplemental report, deposing the evaluator, or presenting other medical or vocational evidence. If your claim was disputed earlier, see our page on denied and disputed claims.
Other Benefits That Come With Permanent Disability
- Supplemental Job Displacement Benefit: for injuries on or after January 1, 2013, if your employer doesn't offer regular, modified, or alternative work within 60 days after receiving the required form, you may receive a $6,000 voucher for retraining, skill enhancement, and related expenses.
- Return-to-Work Supplement: workers who receive the voucher may also be eligible for a one-time $5,000 payment through the state's Return-to-Work Supplement Program.
- Future medical care: depending on how your case resolves, you may keep the right to medical treatment for your injury.
Settling a Permanent Disability Claim
Most PD cases end in one of two ways. With a Stipulations with Request for Award, PD is paid over time and future medical care generally stays open. With a Compromise and Release, you receive a lump sum and the case, often including future medical care, is closed. A workers' compensation judge must approve either one. Because the choice affects your future care and finances, get advice before you sign anything.
Permanent Disability FAQ
How much is my permanent disability rating worth?
It depends on your final rating and your earnings. The rating sets the number of weeks of payments, and your average weekly wage sets the weekly amount within the state's minimum and maximum. Because higher ratings earn more weeks per point, a small change in the rating can make a large difference in value.
Can I get permanent disability if I go back to work?
Yes. Permanent disability compensates you for lasting impairment, not lost wages, so you can generally receive it even if you return to your job.
What if I disagree with my PD rating?
A rating can be challenged. Common approaches include asking the doctor to correct or clarify the report, requesting a supplemental report, deposing the evaluator, or presenting other medical or vocational evidence.
When do permanent disability payments start?
Generally within 14 days after temporary disability ends, if some permanent disability is expected, even before the final rating is decided. Payments are then made every two weeks.
What is apportionment in a California workers' comp case?
Apportionment is the process of deciding what portion of your permanent disability was caused by your work injury versus other factors, such as prior injuries or degenerative conditions. The portion assigned to other causes may be deducted, but it must be supported by substantial medical evidence.
For more answers, visit our workers' comp FAQ page.
Not sure your PD rating is right?
Our Long Beach office reviews permanent disability ratings for injured workers across Southern California. Free consultation, and no fee unless we recover benefits for you.
Schedule a Free Consultation Call (714) 202-7182
