Getting What Is Rightfully Yours

Workers' Compensation And Your Permanent Disability

27 August 2015 by Penny Fisher

If a work-related accident has left you with a severe injury, you may be worried about ever being able to return to your previous work position. You are still in too much pain to handle even your day-to-day activities, and you are doubtful that you could properly perform the duties of your job. Being too disabled to return to a pre-injury functioning level could mean that you are facing the possibility of being deemed permanently disabled. There are 4 basic steps toward that determination, so read below to find how your permanent disability could lead to an eventual settlement offer.

1.  Medical Expenses and Partial Lost Wages

You should have been eligible for medical care at no cost to you and a portion of your wages immediately after your accident. It's very important to continue any recommended treatments and therapies, since refusing to take a prescription or failure to attend a physical therapy appointment could make it appear to the worker's comp insurance that you have fully recovered from your injuries.

While you are eligible to receive some financial compensation for missing work, most states only provide the injured worker with a fraction of the pre-accident wages. This puts a huge financial strain on workers who are already dealing with an injury.

2.  The Independent Medical Examination

Injuries that persist for a certain length of time, or that are obviously severe, will likely trigger an Independent Medical Exam request from your employer's workers' comp insurance company. This could be one of the most important medical exams you have experienced, and preparation and care is vital. The IME doctor is chosen by the workers' comp insurance company, or in some states, the workers' compensation board.

Don't be hesitant to bring along your notes and documentation of previous medical treatments. Be polite, but succinct in your description of your injuries and the impact they have had, and continue to have, on your life. While this exam is important to the determination of whether or not you have a permanent disability, know that your workers' comp attorney may be able to schedule another IME with a doctor of your choosing if necessary.

3.  Maximum Medical Improvement

Don't be misled by the term—maximum medical improvement doesn't mean that you no longer require further medical treatment; just that a doctor, usually the IME doctor, has declared that your medical condition is not expected to improve in regard to your ability to return to work.

4.  Settlement Offer

Once you reach the point of MMI, your partial wages benefit will end and a settlement offer will be forthcoming. If you have managed to get this far without a workers' comp attorney, now is the time to contact an experienced legal professional like John J Bublewicz Attorney At Law who can negotiate with the workers' comp insurance company to get you a fair settlement. This vital, final step in your workers' comp process is the most important and the offer of a successful compensation package will impact you and your family for a long time.

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