Workplace accidents happen every day in California. Most work-related injuries are mild or moderate—with the proper treatment the injured employee is able to make a full recovery and return to their position. However, unfortunately, that is not always the case. There are thousands of workers who suffer permanent impairments in job-related accidents each year in California.
Under the state’s no-fault workers’ comp insurance law, an injured worker who cannot make a full recovery has the right to obtain permanent disability benefits. To do so, they will need a P&S report. Here, our Fresno workers’ comp attorney provides a comprehensive overview of the key things that injured workers should know about P&S reports.
As a baseline, workers’ comp benefits cover reasonable and necessary medical care and wage replacement for the time that an injured worker is forced to take off. However, additional benefits can be obtained for workers who are not expected to make a complete recovery.
To get permanent disability benefits, a worker must first reach a point called maximum medical improvement (MMI). In effect, this means that doctors believe that an injured worker is stable and will not recover any further.
You may hear the status referred to as Permanent and Stationary. A P&S report from a doctor will follow. The report is drafted by the primary treating physician. Among other things, a P&S report should include the following information:
- The specific permanent medical impairment suffered by the injured worker;
- The physical and mental limits that the worker has going forward (work restrictions);
- Any ongoing and future medical care that will be required to ensure continued stability;
- An assessment of whether a worker can return to their previous job; and
- An estimate of what percentage of the permanent impairment is work-related.
The P&S report goes to the claims administrator. It will be used to help determine the amount of workers’ comp benefits, including permanent disability benefits, that a person will be entitled to receive. Here is what the form looks like: Permanent and Stationary Report – DWC PR-4.
You Have the Right to Challenge a P&S Report
It is crucial that your P&S report accurately details the extent of your permanent injuries, disabilities, and impairments. If the report downplays the severity, you may not receive the full and fair permanent disability benefits that you deserve. Your treating physician’s opinion is not the only one that matters. If you believe that your P&S report underplays or misstated your disability or impairment, you have the right to challenge the report. An attorney can help.
Joseph C. Yrulegui is an experienced, results-focused advocate for injured workers. If you were hurt on the job and you have any questions about a Permanent and Stationary (P&S) Report, we are here to help. Contact our law firm today to set up your strictly private case evaluation. We represent injured workers throughout Fresno County, including in Fresno, Clovis, Sanger, and Reedley.