Learn how impairment ratings are determined and how they impact your workers’ comp benefits after a work-related injury or illness

If you’ve suffered a permanent work-related injury, illness, or disease in South Carolina, it’s crucial to understand how a workers’ compensation impairment rating can affect the value of your claim. Determined after reaching maximum medical improvement (MMI), this rating influences the amount and types of workers’ comp benefits you can receive. 

As we navigate through the details, including the assignment and calculation of impairment ratings and their impact on your settlement, our goal is to provide you with the knowledge needed to ensure you’re fairly compensated for your injury.

If you have questions or want help maximizing your claim, reach out to the experienced Columbia work injury attorneys at Smith, Born, Leventis, Taylor & Vega for a free consultation.

What is an impairment rating for workers’ comp?

A workers’ comp impairment rating is a percentage assigned to a worker by their treating physician that represents how much an occupational disease, illness, or injury has permanently affected their ability to function. 

This rating is determined once a worker’s condition is no longer expected to improve, and it helps decide how much money they’ll receive from workers’ compensation. Essentially, it’s a way to measure the severity of a permanent work-related injury or illness in numerical terms.

When is an impairment rating assigned in workers’ comp cases?

An impairment rating is typically assigned once the injured worker has reached what’s known as “maximum medical improvement” (MMI). MMI occurs when the treating physician determines that the worker’s condition has stabilized and is not expected to improve significantly with additional medical treatment. 

The timing for reaching MMI can vary greatly depending on the nature and severity of the injury, ranging from several months to a year or more.

How is impairment rating calculated in South Carolina?

In South Carolina, the calculation of an impairment rating is generally based on guidelines established by the American Medical Association (AMA). Here’s how the process typically works:

• Medical evaluation. After an injured worker has reached maximum medical improvement (MMI), a medical professional, usually the authorized treating physician, will evaluate the extent of the worker’s permanent impairment. This involves a thorough medical examination and review of the patient’s medical history, treatment received, and response to treatment.
• AMA guidelines. The physician uses the AMA Guides to assign an impairment rating. These guidelines provide standardized criteria for evaluating the extent of functional losses. The impairment rating is expressed as a percentage that reflects the degree to which the injury permanently affects the individual’s ability to perform daily activities, excluding work.
• Impairment rating. Impairment can be rated either as a specific body part impairment or as a whole person impairment. For example, an injury may result in a 15% impairment of the arm, which can then be converted into a whole-person impairment percentage based on the tables and formulas provided in the AMA Guides.

It’s important to note that while the medical evaluation and application of the AMA Guides provide a standardized method for calculating impairment, the final determination of workers’ compensation benefits may also be influenced by legal proceedings, negotiations, and other factors specific to the case and South Carolina workers’ compensation law.

What are some examples of impairment ratings?

Impairment ratings can be applied to different parts of the body, such as the limbs, back, or neck, and the range of impairment ratings someone can receive typically varies from 0% to 100%.

A 0% impairment rating suggests no permanent functional loss, while a 100% rating indicates total impairment or loss of use of the evaluated body part or system.

It’s important to note that these ratings are specific to the impairment itself and do not directly translate to disability ratings, which consider the impact of the impairment on the individual’s ability to work and earn an income.

Who determines the disability rating in a workers’ comp claim?

The disability rating, which takes into account how the impairment affects the individual’s ability to work or perform daily activities, is typically determined by the South Carolina Workers’ Compensation Commission with input from medical assessments, the injured worker’s employment details, and possibly legal representatives.

The process can involve a review of the medical impairment rating, the individual’s job requirements, their skills, and the potential for reemployment or rehabilitation. The goal is to assess how the worker’s capacity to earn has been affected by the injury.

How does an impairment rating affect my workers’ comp settlement?

An impairment rating significantly affects your workers’ compensation settlement, as it directly influences the amount and type of benefits you may receive:

• Determination of benefits. The impairment rating, expressed as a percentage, helps determine your eligibility for permanent partial disability (PPD) benefits or permanent total disability (PTD) benefits. A higher impairment rating typically leads to higher compensation because it indicates a more significant loss of function.
• Settlement calculations. In workers’ compensation cases, settlements are often calculated based on the impairment rating. This rating is applied to a formula that considers factors such as your pre-injury wages and the specific body part affected. For example, South Carolina and other states have schedules that assign certain numbers of weeks of compensation for the total loss or impairment of specific body parts.
• Negotiation leverage. A higher impairment rating can provide leverage in settlement negotiations with the insurance company or your employer. It serves as a medically validated document that proves the extent of your injury, which can be crucial in legal proceedings or negotiations.
• Lump-sum settlements. In cases where a lump-sum settlement is an option, the impairment rating will play a central role in determining the settlement amount. The rating helps quantify the long-term impact of your injury, which is a critical factor in deciding a fair lump-sum amount.
• Duration of benefits. For permanent total disability (PTD) cases, a high impairment rating close to or at 100% can lead to lifetime benefits. In contrast, for PPD, the number of weeks you’re eligible to receive benefits may be directly tied to the impairment rating.

Consulting with a workers’ compensation attorney can help you navigate the complexities of this process and ensure that you receive a fair settlement based on your impairment rating.

Get help from an experienced Columbia work injury attorney

If you’ve reached maximum medical improvement (MMI) and are navigating the complexities of a workers’ compensation claim in South Carolina, it’s crucial to have expert guidance to ensure you receive the maximum compensation you’re entitled to.

At Smith, Born, Leventis, Taylor & Vega, our knowledgeable Columbia work injury attorneys understand the unique challenges associated with permanent disabilities under South Carolina’s workers’ compensation law, and we’re dedicated to securing the compensation you deserve to move forward.

Reach out to Smith, Born, Leventis, Taylor & Vega today to schedule a free consultation to learn how we can help with your claim.