Work-Related, Permanent Injuries: Understanding The Process

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Your employer provides you with a very valuable benefit, and at absolutely no cost. If you get injured because of your work, you can count on your employer's workers compensation coverage to pay for all of your related medical expenses. Workers comp goes even further however, because you can expect to receive a portion of your salary if you must miss work. Workers comp, in the vast majority of cases, is really only meant to be a temporary measure that covers you for a few week or months. Not all injuries cooperate with that time line, though, so read on to find what could happen if your injury doesn't heal in a timely manner.

The Independent Medical Exam

You may think that your workers comp will end once you are able to return to work, and you correct, but what if you are not able to go back at all? When your injury is not healing as expected, you may be dealing with a permanent injury. You cannot expect to continue to get the same benefits forever, but you should be comforted to know that if you cannot return to work there is help available.

Once you have been getting regular benefits for some time, your insurance carrier may request that you undergo a special kind of examination. If you are still too hurt to return to work, it would be foolish of you to avoid this exam, since your continuation of benefits is riding on the results of it. The purpose of this exam is to allow the workers' comp insurance agency to get more information about the state of your injury.

The Results of the Independent Medical Exam

The workers comp doctor will manipulate or pay special attention to your injured body part during this exam, and you may be asked to have some diagnostic tests performed as well. Once the test results and the doctor's evaluation is complete, you will be informed of the results. There can really only be three results:

1. You are considered to be well enough to return to your previous job and your workers comp benefits will end.

2. You are healing, but need more time and your current level of benefits will continue for a certain period of time, after which you will undergo another examination.

3. Your injuries appear to be at a plateau, and no further improvement is expected. This is known as maximum medical improvement and it means that you have a permanent injury.

The Settlement

Once you have a permanent injury, the workers comp carrier will be offering you a settlement. This can be a lump sum or a structured payment plan. Contact a workers compensation attorney to help you negotiate for the most fair and comprehensive settlement possible.

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