Article -> Article Details
| Title | Understanding Permanency Evaluation in Workers’ Compensation: What Injured Workers Should Know |
|---|---|
| Category | Business --> Lawyers |
| Meta Keywords | permanency evaluation, workers' compensation, work injury, disability benefits |
| Owner | Popperlaw |
| Description | |
| Workplace injuries can be life-changing, especially when they result in long-term or permanent effects. After the initial recovery, one of the most critical steps in a workers’ compensation claim is the permanency evaluation. This evaluation determines the extent of lasting impairment and plays a major role in the compensation an injured worker may receive. If you’re navigating the workers’ comp process, understanding what a permanency evaluation is — and how it can affect your benefits — is crucial. In this blog, we break down the essentials of a permanency evaluation, when it happens, how it works, and what it means for your claim. What Is a Permanency Evaluation in Workers’ Compensation?A permanency evaluation is a medical assessment performed once an injured worker has reached maximum medical improvement (MMI). MMI means your condition is not expected to improve any further with treatment. The purpose of the evaluation is to determine if you have permanent impairments or disabilities as a result of your workplace injury. This process is sometimes referred to as a:
The findings from this evaluation help insurance companies, employers, and courts decide how much long-term compensation an injured worker is entitled to under workers’ compensation law. When Does a Permanency Evaluation Occur?Permanency evaluations are not done immediately after an injury. Instead, they happen:
This timeline ensures that the doctor can accurately assess the permanent effects of the injury without the possibility of further healing. Types of Impairments in a Permanency EvaluationThere are two broad categories of impairment that a doctor may identify during a workers’ comp permanency exam: 1. Permanent Partial Disability (PPD)This applies when the worker has a lasting impairment but can still perform some kind of work. Common examples include:
2. Permanent Total Disability (PTD)This is when the worker is completely unable to work in any job due to the severity of the injury. This is less common but can include:
Who Performs the Evaluation?Permanency evaluations are typically conducted by a licensed physician, and depending on your state or insurer, it could be:
Doctors use official guidelines like:
These guidelines help standardize the process and ensure consistency across cases. What Happens During the Evaluation?During a permanency evaluation, the doctor will:
The doctor will then assign a Permanent Impairment Rating — usually expressed as a percentage (e.g., 15% permanent impairment to the back). This rating helps determine the amount of compensation you’re eligible to receive. Why the Impairment Rating MattersYour impairment rating directly affects your financial benefits. Workers’ compensation laws in most states use this rating to calculate:
Each body part may have a “scheduled” value under the law. For example:
The higher the impairment percentage, the greater the benefit — within the legal limits of your state. What If You Disagree With the Evaluation?Disputes over impairment ratings are very common. If you disagree with the doctor’s findings:
It’s crucial to have a workers’ compensation attorney review the evaluation report and help you challenge any inaccurate or unfair findings. State-Specific Rules on Permanency EvaluationsEach state has its own approach to evaluating permanent disability. For example:
It’s important to consult state laws or a local attorney to understand how your jurisdiction handles the process. Tips for Injured Workers Preparing for a Permanency Evaluation
Final ThoughtsThe permanency evaluation is a critical step in the workers’ compensation process. It can have long-lasting financial and legal consequences, so it’s vital to take it seriously. While you can’t control every aspect of the evaluation, being informed and proactive can significantly improve the outcome. If you’re dealing with a workplace injury and nearing the MMI stage, talk to an experienced workers’ comp attorney to ensure your rights are protected — and you receive the compensation you deserve. | |
