Carpel Tunnel

I am not clear if you filed a workers' compensation claim or not. Did the employer's workers' compensation carrier pay for your medical treatment? If you have an active workers' compensation claim, then your question about your eligibility for compensation probably means you want to know if you can get "permanent (partial) disability benefits", as California law characterizes these. The name "permanent disability" does not mean that you cannot return to work, but rather means that you have some condition which is permanent and impairs your activities, and thus enables you to receive this limited benefit. Permanent disability (P.D.) is measured in percentages, and it is determined after your primary treating physician declares you permanent and stationary, and he or she may describe a percentage of impairment. That percentage is then inserted into another formula, which adjusts for various factors, including your age and occupation, to arrive at a final percentage of P.D. There is a specific dollar amount given for each percentage of disability, and paid out in a certain number of weeks. (For example, 10% PD gives the injured worker a payout of 30.25 weeks, at $230/week, for a total of $6,957.50. However, if your company had more than 50 employees, you would be entitled to an increase of that amount to $7,705.41 if you could not return to work. These numbers assume that your average weekly wage was at least $345.) If your treating physician says you are permanent and stationary, then you may accept what he or she says your level of PD is, or you have the right to see a Qualified Medical Examiner, paid for by the insurance company. Be very careful here: the process is complicated, and you will have to pick a doctor from a list of three doctors sent to you by the Medical Unit of the Division of Workers' Compensation. You probably will never have heard of any of them, and that is where a consultation with a reputable workers' compensation lawyer will be very important. However, if you choose the wrong doctor and see that doctor, a lawyer may not be able to help you. That is why you should seek the help of a lawyer before you attend that examination. The lawyer can help you understand the system and the process, and can help protect your rights.