Introduction
Recovery from the treatment stage of a work place injury can be a very complex process as the injured worker tries to settle their workers’ compensation claim. Many injured workers are confused by the term Maximum Medical Improvement (MMI) and how it affects their attempt to recover from their injury as well as their right to receive benefits.
What challenges face the injured worker after they have reached MMI and how can the injured worker get the help and support that they need?
Define Maximum Medical Improvement (MMI)
Many people have misconceptions when it comes to Maximum Medical Improvement (MMI) and what happens after MMI in workers’ compensation cases. Generally speaking, Maximum Medical Improvement in a workers’ compensation case is the point at which your condition has stopped getting any better and will not improve greatly with additional medical treatment. You will have a treating physician who determines when you have reached MMI in your particular case. Reaching MMI does not necessarily mean that the injured worker has reached 100% recovery from their workplace injury. In many cases, the worker will have reached a medical end point where their condition will not get any better with additional treatment.
A better understanding of what happens after MMI can also enable you and your attorney to effectively guide your case through its latter stages. Indeed, although an employee’s physical condition may have finally reached a medical end point and ceased to improve with additional treatment, there are a multitude of factors that must be considered and addressed after an employee’s MMI in order to determine whether an employee has suffered any permanent injury and, if so, to what extent, in order to award appropriate workers’ compensation benefits and reach a fair settlement. To receive proper and sufficient compensation, the injured worker must remain actively involved in his or her case after reaching MMI and make sure that all of his or her ongoing and treated medical problems are properly documented in order to continue to seek and receive the proper compensation for his or her ongoing needs.
MMI can have very different implications for workers in North Carolina and Florida. In order to receive the proper compensation, it is very important to have the right lawyer to explain your rights and obligations after you have reached MMI in your workers' comp case. Understanding what happens after MMI in workers' comp is also crucial to handle your case properly and get the compensation you are entitled to receive. Have the right lawyer by your side to help you get the compensation you need in this critical phase of your case.
Explain the Importance of MMI in Workers' Compensation
We have explained Maximum Medical Improvement (MMI) for the injured worker in workplace injuries and resulting disabilities. In summary, what happens after MMI in workers' comp for the injured worker is that he or she can receive help for his or her future on the job and be returned to work as safely as possible. As a result, the injured worker can return to work on a permanent basis or with modified work or temporary modified work.
Understand what happens after MMI in workers' comp in order to work with your lawyer to prepare for the next stage of your claim. Wage-loss benefits may be awarded to the injured worker after they reach their Maximum Medical Improvement; however, Maximum Medical Improvement is often a hotly contested issue in a workers' compensation case. Recently, for example, a construction laborer was able to settle his case for $205,000.00 and a bus driver for $175,000.00 each after suffering workplace injuries resulting in disability.
Understanding what happens after MMI in workers' comp is crucial to helping you receive all of the benefits you are entitled to while you are fighting through the process of your workers' compensation claim.
Outline the Determination Process for MMI
Maximum Medical Improvement (MMI) refers to the point at which your doctor believes that you have reached the maximum benefit from medical treatment for your injury. After your workplace injury has been allowed to heal as much as possible from your prior medical treatment, your doctor will then complete an evaluation of your recovery from your injuries. On the basis of physical exams and tests, your doctor will state in your medical records that you have reached MMI.
While at MMI for your workplace injury, you can continue to receive treatment for your injury, including pain management, and even continue to be treated for any permanent scars and disabilities you sustained as a result of your workplace injury. Review the MMI lateral column to the right to learn more about what to expect after MMI in workers' compensation and a detailed evaluation of permanent impairment in order to determine your workers' compensation benefits for your workplace injuries.
How Long Does it Take to Reach MMI for Work Injuries? The time it takes to reach Maximum Medical Improvement for workplace injuries varies depending on the extent of injury and how well the body heals from the trauma. Most back injuries that do not require surgery can reach MMI by 6-12 months from the date of injury and will return to work. However, if a workplace injury requires surgery to treat, then it can take up to 12-18 months to reach MMI and to complete workplace rehabilitation.
As an example, a construction laborer who suffered serious injury to his back received continued financial support for his ongoing treatment and utilized his improved negotiating position to secure a fair settlement. On the opposite end of the spectrum, a data entry employee who suffered injury in the workplace received awards for permanent partial disability after he reached MMI for his neck with impairment to range of motion of 5-8% and returned to work.
Reaching Maximum Medical Improvement is an important part of the workers’ compensation claim process. Reaching MMI has many implications for the injured worker and their benefits. It is wise for the injured worker to seek the assistance of a workers’ compensation attorney throughout the claims process.
Detail Outcomes and Changes in Benefits After MMI
It is common for people who have suffered an injury to celebrate the end of their treatment, not realizing that the support they need to recover from their workplace injury will cease to exist. It is also important for injured workers to understand what their doctor’s Maximum Medical Improvement (MMI) assessment means for their future. The doctor’s assessment of an injured worker at their MMI will also assess a Permanent Impairment Rating (PIR). Based on the degree of permanent impairment suffered by the injured worker, he or she may be found to be either Permanently Partially Disabled (PPD) or Permanently and Totally Disabled (PTD).
In general, whether a person is PPD or PTD will dictate the degree to which future work can be done and the amount of income loss that will be awarded. A PPD rating means that some work can be done with restrictions. A PTD rating means that the person is unable to do work of any sort.
After you have reached Maximum Medical Improvement (MMI) from your workplace injury, it is normal for your treatment to end but that does not mean that you still do not need support for your recovery. Insurance companies are eager to close your case after you have reached MMI because they now have a good idea of your ongoing medical needs and the extent of your disability. To protect your interests and to ensure that you receive all of the benefits to which you are entitled under the compensation system, you will want to have the assistance of an experienced workers' compensation attorney. Vasquez Law Firm has over 95% success in workers' compensation cases and we represent thousands of injured workers. We have many ways to pay our clients for our services and we offer free, initial consultations. We can speak the language of your choice and can get you the compensation that you deserve.
Sometimes there is a disagreement as to the extent of a person's impairment or whether that person has reached MMI. The Missouri Division of Workers’ Compensation states that “once Maximum Medical Improvement has been reached by a claimant, then Temporary Total Disability (TTD) benefits and Temporary Partial Disability (TPD) benefits will cease, even if the claimant is not yet fully able to return to work.”
Conclusion
The worker after Maximum Medical Improvement (MMI) from their injury can often be confused and misled as to what their claim will be for their injuries. The worker must have an understanding of the worker’s claim after they have reached MMI so that the worker can understand the full extent of their claim and how their injuries will be rated in order to receive proper compensation for their work place injuries.
This page discusses documentation of ongoing medical problems needed to receive wage-loss benefits, how Maximum Medical Improvement affects the permanent impairment rating and how the dollar values in similar cases were arrived at to compensate an injured worker for their injuries.
After your treatment ends, your journey to recovery at work begins. Our team of skilled lawyers at Vasquez Law Firm are able to navigate you through this new phase. We are a bilingual law firm dedicated to serving our clients and providing them with the best legal representation possible. At Vasquez Law Firm, we understand that clients are going through a tough time and are interested in helping them receive the support and compensation they need to recover from their injuries and get back to work. We have flexible payment options to assist our clients during this difficult time.
Frequently Asked Questions
What is Maximum Medical Improvement (MMI) in workers' compensation cases?
Maximum Medical Improvement (MMI) is the point at which an injured worker's condition has stopped improving and will not significantly improve with additional medical treatment. It is determined by a treating physician.
Does reaching MMI mean the injured worker has fully recovered?
No, reaching MMI does not necessarily mean the injured worker has achieved 100% recovery. It indicates that the worker has reached a medical end point where their condition will not improve further with additional treatment.
What should an injured worker do after reaching MMI?
After reaching MMI, the injured worker should remain actively involved in their case, ensuring that all ongoing and treated medical problems are properly documented to seek appropriate compensation for their needs.
Why is understanding what happens after MMI important?
Understanding what happens after MMI is crucial for determining whether the employee has suffered any permanent injury and to what extent, which is necessary for awarding appropriate workers' compensation benefits and reaching a fair settlement.
How does MMI affect workers in North Carolina and Florida?
MMI can have different implications for workers in North Carolina and Florida, making it important to have the right lawyer to explain rights and obligations after reaching MMI in a workers' compensation case.
What role does a lawyer play after an injured worker reaches MMI?
A lawyer helps the injured worker navigate the complexities of their case after reaching MMI, ensuring they understand their rights and obligations and assisting in obtaining the compensation they are entitled to receive.
List of Sources
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- Outline the Determination Process for MMI
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