What happens if I'm not able to return to my pre-injury job?
If you are not able to return to your pre-injury job following a work-related injury in California, this is considered an “impairment of earning capacity.” In this case, you may be eligible to receive compensation under California’s workers’ compensation law. To receive benefits for impairment of earning capacity, you must first prove that the injury or illness caused some form of permanent limitation that affects your ability to work. The degree and extent of the limitation must be determined by your doctor. If your doctor determines that you are able to perform modified work, you may receive a partial award to make up for the difference in wages. If you no longer have the physical capacity to perform your job, you may receive what is known as a “total permanent disability” award. This is a weekly benefit that is paid out until you reach the age of 65 or become able to earn comparable wages. For more information about your specific situation, it is best to contact a workers compensation attorney. An attorney will be able to help you better understand your rights, and can help you get the full amount of benefits you are entitled to under California law. They can also advise you on how to document your damages for your claim, and can represent you in court if the need arises.
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