The Difference Between Impairment And Disability Ratings In Fort Lauderdale Workers’ Compensation Claims
If you got hurt on the job in Fort Lauderdale, workers’ compensation benefits may have helped cover your losses. However, once you reach maximum medical improvement, the next phase can be both confusing and stressful.
Two terms keep coming up: impairment rating and disability rating. These are not the same, and mixing them up or accepting a rating without fully understanding it can result in lost benefits. Our experienced Fort Lauderdale workers’ compensation lawyer breaks down what each rating means and why the difference matters to your bottom line.
Florida Workers’ Compensation: Impairment and Disability Ratings Are Not The Same
Reaching a level of maximum medical improvement (MMI) means you have recovered as much as medically possible. Under Florida Division of Workers’ Compensation guidelines, once a worker reaches this level, the treating physician assigns an impairment rating. It reflects the degree of any permanent physical loss caused by on-the-job injuries and is used to calculate
Permanent Impairment benefits under Section 440.15 of the Florida Statutes.
Disability ratings are different. Rather than measuring physical loss, it measures your ability to earn wages and perform job functions. Other key differences between the two:
- Your doctor assigns impairment ratings based on a standardized guide; disability determinations involve your capacity to work.
- Permanent Impairment benefits follow a fixed formula based on your rating percentage and average weekly wage.
- A disability finding opens the door to Permanent Total Disability benefits.
- An impairment rating that is even a few percentage points lower than it should be can result in a measurably smaller benefit check.
Impairment ratings play a key role in workers’ comp disability payments. To avoid payouts, insurers have a vested interest in keeping these ratings as low as possible.
Take These Steps Before Accepting Florida Workers’ Comp Impairment Ratings
When calculating impairment ratings, mistakes are unfortunately common. Before agreeing to any settlement built around your rating, take these steps:
- Ask your physician to explain in plain terms the criteria used and how they calculated your percentage.
- Compare the explanation against the Florida Impairment Rating Guides.
- Keep a written record of your symptoms and physical limitations, particularly those that affect your ability to work.
- Request a second medical opinion if the rating doesn’t reflect the full extent of your condition.
Even if you got a final rating, you still have options. Our experienced Fort Lauderdale workers’ compensation lawyer can dig into your medical records, spot where the evaluation fell short, and help you get the maximum benefits you deserve.
Questions About Impairment Ratings? Contact Our Experienced Fort Lauderdale Workers’ Compensation Lawyer
Is your Fort Lauderdale workers’ compensation impairment rating lower than you expected? The Law Offices of David M. Benenfeld, P.A., is here to help. Our experienced Fort Lauderdale workers’ compensation lawyer can review the details of your evaluation and fight to ensure the final number reflects what you actually lost. Contact us today to request a consultation in our Sunrise, Fort Lauderdale, or West Palm Beach office.
Sources:
myfloridacfo.com/division/wc/home
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0400-0499/0440/Sections/0440.15.html
myfloridacfo.com/division/wc/employee/benefit-calculators/impairment-income-benefit-calculator