You were hurt on the job and made a workers’ compensation claim. You’ve undergone treatments and are back at work, but you feel like the doctors have done all they can do. Everywhere you turn, there seems to be a question — do my checks stop at Maximum Medical Improvement?
Determining whether or not benefits end after MMI is a complicated decision. On one hand, many states impose limits on reimbursable medical care and eventually cease payment of wage replacement benefits once an injured worker reaches MMI. But each case is determined on its own merits, and additional payments may still be required depending on the circumstances.
Confused? Don’t worry! We’re here to help clarify the details in this article.
What is Maximum Medical Improvement?
Maximum Medical Improvement (MMI) is the point at which your doctor believes that you have received all of the medical care that you need for your injury and are as recovered as you will be. It does not necessarily mean that you are completely healed or that you can fully perform all duties related to your job, but it does mean that additional treatments are unlikely to help improve your situation further.
Your doctor may do several tests during this process — including physical examinations, X-rays, CAT scans andMRIs – to determine if further treatment might help improve your condition or if surgery may be necessary. After these tests, the doctor then has to decide if continuing your treatment would benefit you or simply perpetuate an existing injury with little or no prospect for improvement. Once this decision is made and recorded in writing, MMI is declared.
Do My Checks Stop at Maximum Medical Improvement?
The short answer is “no.” Your workers’ compensation checks will not necessarily stop at Maximum Medical Improvement (MMI). This depends on the specifics of your claim, including the type and duration of your injury.
If you have a workers’ compensation claim which is open and you are drawing weekly checks — either temporary total disability if you are completely out of work or temporary partial disability if you are able to work but making less money than before — you should continue to draw your weekly checks without any interruption. The only thing that changes is that you are no longer considered under a temporary disability and now you are under a permanent disability. Other than a change in the notation on your check stub there shouldn’t be a difference.
Under our workers’ compensation laws there will be an assumption that you have elected to take a permanent workers’ compensation award in the form of ongoing checks for temporary total disability or temporary partial as opposed to checks for a permanent partial impairment.
How Can an Attorney Help Me with my Workers’ Compensation Claim After Reaching MMI Status?
After you have reached Maximum Medical Improvement (MMI) status, it is in your best interests to hire an attorney familiar with workers’ compensation law. The attorney can help you navigate the process and advise you on the potential outcomes of your claim. They can also determine a reasonable settlement amount and fight for the amount you deserve.
A knowledgeable attorney can look at the medical evidence that has been collected while examining how much damage or impairment your injury has caused. Your attorney will have experience with evaluating settlements from other cases as well and will know what is a fair settlement in your case.
An experienced workers’ compensation lawyer understands that although MMI has been declared, follow up treatments such as physical therapy may still be needed to fully recover from the injury sustained at work and they make sure these treatments are also covered. Your attorney can ensure that all available benefits are applied to your claim, so that you receive the full amount of compensation you deserve.
