Maximum medical improvement (“MMI”) is used in workers’ compensation claims. MMI can determine when you return to work, as it is the point at which a doctor determines that their patient has the best possible condition after having sustained a permanent impairment or disability. Keep reading to learn more about the role that MMI could play in your workers’ compensation case.
Maximum medical improvement” is a term used in Florida workers’ compensation cases to identify when a person’s condition has stabilized. Learn more here.
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What Is the Definition of Maximum Medical Improvement in Florida Workers’ Compensation Cases?
According to the Florida Workers’ Compensation Code §440.02(12), the date of MMI is when further medical treatment is not expected to improve a disease or injury.
If your doctor determines you did not sustain any permanent impairment, you are expected to return to work when you reach MMI. Your temporary disability benefits will stop at this point.
However, if your doctor gives you an impairment rating, you may or may not be able to return to work. Whether your impairment allows you to work depends on several factors, including the type and severity of the impairment and the kind of work you performed before the injury.
The code defines permanent impairment as a functional or anatomical loss determined as a percentage of the body as a whole. The impairment is caused by your injury and remains after you reach maximum medical improvement.
How Are Permanent Impairment Ratings Determined After Maximum Medical Improvement?
A medical professional must assign a disability rating for an injured employee. In many cases, the doctor who treated you will assign the impairment rating. The rating is based on the Florida Uniform Permanent Impairment Rating Guidelines. These guidelines provide standards that doctors use to determine an injured worker’s impairment.
Your workers’ compensation insurance company may dispute the impairment rating. If so, it may request an independent medical examination (IME) by a doctor of its choice. If you do not attend the IME, your case could be dismissed. Your workers’ compensation lawyer can explain the IME and what to expect.
Doctors often disagree about the level of impairment. A doctor hired by the insurance company may give a low impairment rating. If the independent medical examiner disagrees with your doctor, you may be able to negotiate a settlement. Otherwise, you would need to file a formal claim to resolve the dispute.
A Judge of Compensation Claims hears the case and decides disputes. You can appeal that decision to the District Court of Appeals. If you are impaired, hiring an experienced workers’ compensation attorney as soon as possible can positively impact the outcome of your case.
Workers’ Compensation Permanent Disability Benefits in St. Petersburg, FL
Your impairment rating directly impacts your disability benefits. Workers’ compensation disability benefits are based on your impairment rating. The schedule set by law is:
- 10% impairment rating – two weeks of disability benefits per percentage point
- 11% to 15% impairment rating – three weeks of disability benefits per percentage point
- 16% to 20% impairment rating – four weeks of disability benefits per percentage point
- 21% and above impairment rating – six weeks of disability benefits per percentage point
Permanent partial disability (PPD) benefits are based on 75% of the worker’s average weekly wages. The duration of PPD benefits is based on the impairment rating and depends on the severity of the worker’s injury.
Permanent total disability (PTD) benefits are paid when a doctor determines that your work injury prevents you from performing any type of work. You can receive PTD benefits until you reach 75 years of age or for the rest of your life if you do not qualify for Social Security benefits.
What Should I Do to Protect My Disability Benefits for a Workplace Injury?
It is vital to protect your rights after a work-related injury. Regardless of the severity of your injury, take these steps to protect your right to disability benefits:
Report Your Injury to Your Employer
Report your accident and injury to your employer within 30 days. Failing to report your injury within 30 days could result in your losing your workers’ compensation benefits.
Seek Medical Treatment
If your injury requires immediate medical treatment, go to the emergency room or urgent care facility. Otherwise, you need to seek treatment from an approved medical provider. A delay in medical care could hurt your claim.
Follow your doctor’s treatment plan. You can request to change doctors if you disagree with your doctor’s opinion. However, if you want to see a doctor of your choice, the insurance company is not required to pay your medical bills.
Get Help With a Workers’ Compensation Claim
Workers’ compensation claims involving impairments can be complicated. Reach out to a St. Petersburg workers’ compensation lawyer today at (727) 349-1728.
