Permanent Partial Disability and the Importance of an Impairment Rating
When an employee in Virginia sustains an injury on the job, the consequences can be extensive, sometimes resulting in permanent physical limitations. In such cases, the Virginia Workers’ Compensation Act may entitle the injured worker to benefits for permanent partial disability (PPD). The key to obtaining these benefits is the calculation and understanding of an impairment rating. If you have questions or concerns about navigating this process, we can help – as an experienced workers comp lawyer in Roanoke can provide invaluable guidance.
What Is Permanent Partial Disability (PPD)?
Under Virginia workers’ compensation law, permanent partial disability refers specifically to a permanent loss or impairment of a body part, such as limbs, vision, or hearing, as a direct result of a workplace injury or illness. It is partial in that the injured worker still retains some functioning of the affected body part but experiences permanent limitations or losses.
An impairment rating is central to the determination of how much compensation an injured worker should receive for their PPD. This rating is expressed as a percentage and is assessed by a qualified medical professional. It quantifies the extent to which an injury affects the injured individual’s body function or physical ability. Thus, understanding the impairment rating is essential to receiving appropriate workers’ comp benefits.
How Is an Impairment Rating Determined in Virginia?
The Virginia Workers’ Compensation Commission (VWCC) has established standards and practices for impairment ratings based largely upon the American Medical Association’s “Guides to the Evaluation of Permanent Impairment.” These standards aid medical professionals in objectively evaluating the degree of permanent partial disability an individual worker has sustained.
Typically, a treating physician or a designated medical specialist conducts the impairment evaluation. The assigned rating reflects the percentage of functionality that the injured worker has permanently lost. Virginia law requires the medical provider to clearly document impairments, adhering to the standards outlined by the AMA Guides as recognized by the VWCC.
It is important that the impairment rating thoroughly and accurately reflects the extent of your injuries. Due to the complexity and importance of this assessment, the assistance of a workers comp lawyer in Roanoke experienced in the Virginia workers’ compensation system can ensure that you fully understand the physician’s evaluation and whether additional assessments or second opinions may be necessary.
The Role of Impairment Ratings in Calculating Compensation
After determining an impairment rating, the Virginia Workers’ Compensation Commission relies on this percentage to calculate the amount of compensation provided under Virginia Code §65.2-503. Permanent partial disability benefits are generally paid out over a specified number of weeks, using a calculation based on the rating percentage assigned to the affected body part.
Under Virginia Code §65.2-503, a specific schedule of weeks is applied to injured body parts. For example, total loss of a hand may provide for 150 weeks of compensation, whereas total loss of a thumb provides for 60 weeks. The impairment rating determines the percentage of these set payment weeks that a worker will receive. Thus, if an employee’s hand is rated at a 20% impairment, the worker could receive compensation equivalent to 20% of the 150-week period allowed by statute.
Timeframe and Process for Obtaining an Impairment Rating
Generally, impairment ratings are not assigned until a worker has reached maximum medical improvement (MMI). Maximum medical improvement occurs when the injured worker’s medical provider determines that the injury or condition has stabilized and is unlikely to improve any further, even with ongoing medical treatment.
Upon reaching MMI, your treating physician or assigned specialist will complete a medical examination and assessment to determine your impairment rating. Once the rating is assigned, it will be communicated to your employer’s workers’ compensation insurer and submitted to the Virginia Workers’ Compensation Commission for review. Once accepted, a permanent partial disability benefit award is issued, and payments commence according to the statutory schedule.
Understanding the Impact on Future Medical Coverage
An impairment rating contributes solely to the calculation of monetary compensation related to permanent and partial loss of functionality. It does not affect your eligibility to receive future necessary medical treatment related to your claim. Under Virginia law, injures covered by workers’ compensation are generally entitled to continued medical treatment for as long as care is medically necessary and causally related to the workplace injury, regardless of an impairment award.
The Importance of Accurate Evaluation
A workers comp lawyer can make a HUGE difference in getting you the PPD benefits you deserve. Obtaining a fair impairment rating is crucial in determining fair compensation under Virginia law. Physicians sometimes overlook essential details, and impairments may go undiagnosed or unaccounted for without proper evaluation methods. Accordingly, injured workers have the right to seek second opinions and, if necessary, dispute ratings they view as inaccurate or incomplete.
If disputes arise about impairment ratings or the calculation of benefits, an experienced workers comp lawyer in Roanoke can provide representation before the Virginia Workers’ Compensation Commission, ensuring that your rights are protected and you obtain proper compensation. A knowledgeable attorney can communicate with your healthcare provider, understanding medical assessments and ensuring nothing essential gets overlooked. If you need help, call us today.