In South Carolina workers’ compensation cases, the impairment rating assigned by your doctor is a major factor in calculating what your case will be worth. That’s because your impairment rating plays a key role in determining the value of your permanent disability benefits.
Unfortunately, many injured workers are left confused about how impairment ratings work, who assigns them, and whether they can be challenged.
If you’ve been hurt on the job, especially if you required surgery, missed a lot of time at work, or have permanent limitations, an incorrect or unfair rating could be robbing tens of thousands of dollars out of your pocket. Working with an experienced South Carolina workers’ compensation attorney can ensure that doesn’t happen. Let an attorney from Joye Law Firm Injury Lawyers help protect your rights, challenge low ratings, and pursue the full compensation you deserve. We’re proud members of the Injured Workers’ Advocates and SC Workers’ Compensation Educational Association, and we’re honored to help level the playing field for injured workers. Get started today with a free, confidential case evaluation with our team. We’ll listen to your story and explain your options.
What is an Impairment Rating?
In a South Carolina workers’ comp claim, an impairment rating is a percentage estimate of permanent physical loss or limitation in a specific body part.
For example:
- 10% impairment of the arm
- 15% impairment of the knee
- 20% impairment of the spine
Doctors typically assign these percentages after you have reached a stage called maximum medical improvement or MMI. When assigning the ratings, many physicians rely on guidelines published by the American Medical Association (AMA).
What Is Maximum Medical Improvement (MMI)?
If your doctor determines you have reached maximum medical improvement (MMI), it means:
- Your condition has stabilized
- Further treatment is not expected to significantly improve your injury
This does not mean you are fully healed. It simply means your recovery has reached the point where doctors can evaluate any permanent damage or limitations.
Once MMI is reached, your doctor can assign a permanent impairment rating.
Why Independent Medical Exams Are Sometimes Needed
In South Carolina workers’ compensation cases, the insurance company usually chooses your doctor. While many authorized doctors provide fair and accurate evaluations, the reality is that doctors selected by the insurance carrier may take a more conservative approach when assigning an impairment rating.
Another factor that can affect the rating is the medical guideline the doctor uses. South Carolina law does not require physicians to rely on a specific edition of the AMA’s Guides to the Evaluation of Permanent Impairment. Different editions can produce very different results.
As Joye Law Firm Managing Partner Ken Harrell often explains to injured workers, most people have no reason to know different impairment guides even exist. For example, the 5th edition of the AMA Guides is generally considered more favorable to injured workers. The 6th edition often produces much lower impairment ratings. Because of this difference, the edition a doctor relies on can have a major impact on the outcome of a case.
If your rating appears unusually low or is based on a more restrictive guideline, your attorney can recommend an independent medical examination (IME) with another doctor. Getting that second opinion can help important issues such as:
- The accuracy of the impairment rating
- Future medical treatment needs
- Permanent work restrictions
Even a small increase in the impairment percentage can significantly change the potential value of your workers’ compensation settlement.
