Loss of Use Attorney in Sacramento, California

Our body parts play a crucial role in supporting and facilitating movement. When you suffer an injury or illness that impairs the normal use of a body part, your life won’t feel the same in an instant. Many of us don’t realize how much we rely on the normal functioning of our body parts until the normal use is lost.  

As a workers’ compensation attorney at The Law Office of Cezar J. Torrez, I understand the challenges that come with losing the normal use of a body part. Some people may need time to recover physically and monetarily, while many people never fully recover and end up with a permanent disability. If you need compensation for the loss of use, I am here to help.  

What Is the Normal Use of a Body Part?

The normal use of a body part refers to its ability to perform tasks and functions without limitations or pain. This can include basic movements, such as bending a knee or lifting an arm, as well as more complex actions like typing or walking long distances. In legal terms, normal use is often evaluated based on the typical functions and activities expected of that body part. 

What Is Loss of Use?

Loss of use is the reduction or complete inability to perform the normal functions of a body part due to injury or illness. In the context of workers' compensation, loss of use can impact an individual’s ability to work or perform daily activities, making it a critical factor in determining compensation and benefits.

Examples of Loss of Use of a Body Part

Examples of loss of use vary widely but generally involve scenarios where a body part cannot function as expected. This can manifest in:  

• Partial loss: Reduced range of motion in a shoulder due to a workplace injury. 

• Total loss: Complete paralysis of a limb following a severe accident. 

• Functional loss: Inability to grip objects firmly due to nerve damage in the hand. 

Some common examples of loss of use include a construction worker who suffers a spinal injury leading to partial paralysis, impacting their ability to stand or walk and an office worker who suffers a repetitive strain injury (e.g., carpal tunnel syndrome), which results in the loss of use of the wrist or hand. 

When Are You Entitled to Permanent Disability Benefits in California?

In California, you may be entitled to permanent disability benefits if a work-related injury or illness results in a lasting impairment that affects your ability to earn a living. These benefits are intended to compensate for the diminished earning capacity due to the permanent effects of an injury. 

Schedule for Rating Permanent Disabilities in California

California uses a specific schedule to rate permanent disabilities, which considers factors such as the nature of the injury, the injured worker’s age, occupation, and how the injury affects their ability to work. The rating is expressed as a percentage, representing the extent of the impairment. 

Permanent disability ratings in California are typically determined by a qualified medical evaluator (QME) or an agreed medical evaluator (AME). These professionals assess the extent of the impairment and provide a rating based on established guidelines. 

How Your Permanent Disability Rating Affects Your Workers’ Comp Benefits

Your permanent disability rating directly influences the amount and duration of your workers' compensation benefits. In California, the rating is expressed as a percentage, which translates into a specific number of benefit weeks according to the state's compensation schedule.

A higher disability rating means more compensation, reflecting greater impairment and loss of earning capacity.  

What if You Don’t Agree with Your Permanent Disability Rating?

If you disagree with the assigned permanent disability rating, you have the right to request a re-evaluation. This process may involve seeking a second opinion from another medical evaluator or pursuing a formal dispute resolution through the California Workers' Compensation Appeals Board. 

When Will You Start Receiving Permanent Disability Payments for Loss of Use?

Permanent disability payments usually begin once your condition has stabilized, and you reach maximum medical improvement (MMI). At this point, your doctor will evaluate your impairment and assign a permanent disability rating, which will determine your benefits. You will receive your first PD payment within 14 days after your physician deems your injury to be permanent and will continue receiving such payments every 14 days.  

When Do Permanent Disability Payments for Loss of Use End?

Permanent disability payments continue until the total amount determined by your rating has been paid out. The duration and amount of these payments are based on the severity of your loss of use impairment and the corresponding compensation schedule. 

Why You Need a Sacramento Loss of Use Attorney

If you are unable to continue working and living your normal daily life as a result of suffering an on-the-job injury, you will need workers’ compensation benefits to get you through the weeks, months, or possibly even years ahead. Since there’s so much at stake, you will want to put your best foot forward when pursuing the benefits. Hiring an experienced worker's comp attorney could be the turning point for your claim. Here’s how I can help:  

• Guidance you can trust: I'll provide informed advice on your rights under California law. 

• Personalized support: I’ll work closely with you to ensure all necessary documentation and evidence are meticulously prepared. 

• Negotiation skills: I'll handle negotiations with insurance companies to alleviate the stress and secure the best possible compensation for your situation. 

• Court representation: If needed, I will represent you in court to fight for your rightful benefits. 

• Continuous updates: I keep you informed at every stage of the process, ensuring transparency and peace of mind. 

• Maximized benefits: My goal is to maximize the benefits to which you are entitled, offering you the best chance to recover both financially and medically. 

With a California loss of use attorney in your corner, you have a better chance of getting your workers' compensation claim approved and securing the maximum benefits you deserve.  

Why Choose The Law Office of Cezar J. Torrez?

At The Law Office of Cezar J. Torrez, I provide workers in Sacramento and throughout the state of California with top-notch representation. Here’s why thousands of people have chosen me as their legal counsel:  

• Focused exclusively on workers' compensation: My practice is dedicated to protecting the rights and interests of injured workers across California. 

• Passion for fighting for injured workers: I'm driven by a commitment to advocate fiercely for your rights and ensure fair treatment. 

• Statewide representation: No matter where you are in California, I am ready and equipped to represent your case. 

• Strong work ethic: I pride myself on a work ethic that is both diligent and thorough, ensuring no detail is overlooked. 

• Friendly service: I provide a supportive and approachable service, making sure you feel comfortable and understood throughout the process. 

• Diligent and passionate: My dedication to each case is fueled by a passion for achieving justice and favorable outcomes for my clients. 

With my unwavering dedication to securing justice and maximum compensation, we can work together to help you rebound from your on-the-job accident and injury and work toward getting your life back on track.