Article -> Article Details
| Title | What Is a Permanency Evaluation? Understanding Its Role in Injury and Workers' Compensation Cases |
|---|---|
| Category | Business --> Lawyers |
| Meta Keywords | permanency evaluation, workers' compensation, disability rating, legal guide |
| Owner | Popperlaw |
| Description | |
| When someone is injured at work or in an accident, the immediate focus is often on treatment and recovery. But as time goes on, questions about long-term effects and future abilities arise. Will the person ever return to their old job? Can they perform the same activities? What level of compensation do they deserve for permanent injuries? This is where a permanency evaluation becomes essential. Though the term may sound technical, understanding it is crucial for anyone navigating a serious injury claim, especially in the context of workers' compensation cases. What Exactly Is a Permanency Evaluation?A permanency evaluation (sometimes called a permanent impairment evaluation) is a medical assessment used to determine the lasting impact of an injury after maximum medical improvement (MMI) has been reached. Maximum medical improvement means a patient's condition has stabilized, and no further significant improvement is expected — even with ongoing treatment. At this point, doctors evaluate whether the injury has caused any permanent limitations or impairments. The findings from this evaluation are often used to calculate compensation, decide on future medical care, or determine if an individual can return to work. Why Are Permanency Evaluations Important?Permanency evaluations play a critical role in both workers' compensation and personal injury cases. They serve several purposes:
What Happens During a Permanency Evaluation?A permanency evaluation is usually performed by a physician experienced in assessing occupational injuries. Here’s what typically happens: 1. Medical History Review The doctor will review all records related to the injury, including:
The physician examines the affected body part(s) and evaluates:
Depending on the injury, the doctor may order or review imaging studies (such as X-rays, MRIs, or CT scans) to support their assessment. 4. Functional Evaluation In some cases, a functional capacity evaluation (FCE) is performed to assess the individual's ability to perform job-related tasks. 5. Impairment Rating Finally, the physician assigns an impairment rating, usually expressed as a percentage. This rating represents the loss of function relative to the whole body or the affected body part. For example, if someone loses 50% function in one arm, this might translate to a specific whole-body impairment percentage, depending on state or insurance guidelines. How Are Impairment Ratings Used?The impairment rating is a central factor in determining benefits under workers' compensation laws. Each state has its own formula, but generally, the higher the impairment rating, the higher the potential compensation. These ratings can also influence:
Common Misunderstandings About Permanency Evaluations"A permanency evaluation means I’m fully disabled forever." Not necessarily. The evaluation simply identifies what permanent limitations exist after you've reached maximum medical improvement. You may still be able to work or lead an active life, possibly with some restrictions. "My employer or insurer chooses the doctor, so I can’t trust the evaluation." While employers or insurance companies often select the doctor, you may have the right to seek a second opinion or undergo an independent medical examination (IME) if you disagree with the assessment. "Once I have a permanency evaluation, my case is over." Not always. The evaluation informs your benefits but doesn’t automatically close your claim. You and your lawyer can still negotiate settlements or appeal decisions. What to Do Before Your Permanency EvaluationPreparing for a permanency evaluation is crucial. Here are some tips:
Do You Need a Lawyer for a Permanency Evaluation?While not legally required, having a lawyer — especially in workers' compensation cases — can be extremely helpful. An experienced attorney can:
A lawyer can ensure that your rights are protected and that you receive fair compensation for your permanent impairments. Final ThoughtsA permanency evaluation may sound intimidating, but it serves an essential purpose: ensuring injured individuals receive fair benefits for lasting injuries. By formally assessing permanent impairments, this evaluation helps determine compensation, future work prospects, and medical needs. If you or a loved one is preparing for a permanency evaluation, it’s important to understand what it involves, how it impacts your claim, and how to advocate for your rights. Whether you’re facing a workers' compensation claim or a personal injury settlement, being informed and supported — ideally with the guidance of an experienced lawyer — can make this challenging process far more manageable. | |
