Explaining Maximum Medical Improvement In Florida Workers’ Comp Cases
When a person is injured at work, they are usually eligible to recover workers’ compensation benefits as long as the injury occurs within the scope of their employment. If the injury is middling to minor, benefits will usually help keep a family afloat until the injured worker is back on the job. However, if the injury is serious, it is a possibility that benefits will stop prematurely due to a legal concept known as maximum medical improvement (MMI).
‘Maximum Improvement’ Does Not Always Mean Recovered
Reaching maximum medical improvement is sometimes not the same thing as being fully healed from an injury. Florida law defines it as reaching a point in recovery at which further improvement “can no longer reasonably be anticipated” by a reasonable look at the medical evidence. One of the most common examples is a back injury where a full range of motion is not regained – a person may still be able to work, but they may have permanent restrictions due to their partial disability.
Sometimes, reaching MMI can be frightening for injured employees, because many believe that benefits cease after MMI, rather than begin. The answer is that both are true. Benefits like Temporary Total Disability payments from the state do end upon reaching MMI – but other benefits will usually begin, based on permanent injury rather than temporary disability.
Keep Receiving Medical Care
The determination of whether an injured worker has reached MMI is made exclusively by the treating physician or physicians in most cases. If your physician has determined you have made the maximum medical improvement, they will give you what is known as a permanent impairment rating (PIR). If your PIR is over 0, you will generally be eligible for what is known as Impairment Income Benefits – basically long-term compensation to offset your injury.
If you begin to receive IIBs, it is important to continue to receive medical care – particularly if your associated workers’ compensation insurer attempts to curtail or otherwise stop your benefits. Medical evidence is the best tool possible to use when pushing back – and if you do wind up in this type of situation, having an experienced attorney on your side can make all the difference.
Contact A Maitland Workers’ Compensation Attorney
A work injury can change a person’s entire life – and then, on top of that adjustment, they may wind up having to defend their right to compensation. A Maitland workers’ compensation attorney from the Hornsby Law Group can help an injured worker protect their rights, and ensure their benefits continue if at all possible. Contact our office today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2021/440.02
