Workers’ compensation claims in North Carolina involve a series of rules and legal terms that can offer more confusion than clarity for individuals injured on the job. One such complicated term is “maximum medical improvement,” or MMI. MMI can occur when your doctor decides that any further treatment won’t improve your long-term condition. Many folks wonder,” How does MMI impact your workers’ compensation settlement or disability rating in North Carolina?”
What Is MMI and How Is It Determined in an NC Workers’ Compensation Case?
In North Carolina, workers are injured on the job every day. According to a recent study from OSHA, on-the-job injuries happen at a rate of 2.4 per 100 workers, and 90% of all reports submitted to OSHA are for injuries. In 2024 alone, 3.95 million employees reported on-the-job injuries that required a medical consultation across the United States.
In a workers’ compensation case, it is important to be aware of how MMI is defined. MMI, or maximum medical improvement, is a stage a worker can reach that labels their medical condition as unable to improve any further. Keep in mind, however, that this does not necessarily mean your condition has completely healed or improved. A doctor is required to try all potential treatments before they can certify a patient with MMI.
For certain cases, reaching MMI means you can receive a permanent disability rating in North Carolina and, therefore, be eligible to seek disability benefits. The ability you have to do your job and the severity of your condition are the two main factors considered when determining your permanent disability rating following MMI. A Hickory Workers’ Compensation Lawyer can help you understand how this rating may affect your eligibility for benefits and the compensation available in your case.
In North Carolina, MMI will be determined by your doctor using one or more of the following tools:
- Diagnostic imaging. Tests such as MRIs, X-rays, and CT scans can show whether or not your affected muscles, bones, or nerves have healed or reached a stable level.
- Medical exams. Your doctor can track your healing by having you attend regular checkups in order to see how your injury is responding to treatment over time.
- Range of motion testing. Physical exams, such as range of motion testing or strength testing, can help your doctor assess how well you are able to move and use the injured areas of your body compared to how these areas moved and were used before your accident.
- Pain and symptom reports. Your workers’ compensation doctor can consider factors like whether or not you are still experiencing pain, stiffness, swelling, or other symptoms to determine whether you are improving or not.
- Treatment response. If you have undergone surgery, physical therapy, or medication and no further progress has been seen, then your doctor may decide that future treatments won’t do you any good.
Does MMI Mean the End of My Workers’ Compensation?
In a workers’ compensation case, reaching MMI will signal a significant shift. Until now, you have likely been receiving temporary disability benefits that have helped cover your lost wages while you have been unable to work. Once your doctor declares MMI, however, those benefits are likely to stop, especially if your doctor believes you are able to return to work in some way.
However, reaching MMI status does not mean that your case is finished. Instead, it will often lead you to the next round of possible benefits. If you have reached MMI, it is now time for your doctor to determine whether you have lost function in any area of your body and assign you an impairment rating. MMI and impairment ratings are two separate things.
Reaching MMI can offer you two legal options, in most cases. First, you may be able to seek a permanent disability rating and, therefore, pursue more permanent disability benefits if you are unable to return to work or find any new modes of employment. Second, you may be able to reach a settlement with your employer. In this settlement, you may be eligible for benefits like compensation for your lost wages, permanent disability benefits, and rehab costs.
For some employees, your employer might offer a lump sum settlement. If you accept this offer, you will likely need to sign a release from any kind of future liability. This means that if you experience any further issues due to your original injury, you won’t be able to file any further claims. Before taking a lump sum settlement from an employer, it is always wise to first speak with an attorney.
FAQs
What Is My Anticipated MMI Date?
The anticipated date of MMI in your case will depend on the kind of injury you’ve sustained, the treatment you are now receiving, and your overall response to said treatment. Your doctor will assess progress on a regular basis, and it is crucial that you can prove how well you have followed your doctor’s instructions regarding your care.
How Can a Lawyer Help With an MMI Claim?
In most MMI claims, an attorney is there to provide you with invaluable advice and assistance throughout the entire process. Your attorney is there to help you secure and organize all related medical records, negotiate with your employer and their insurance company, and advocate for your rights to benefits.
Does Every Individual With an MMI Get a Permanent Impairment Rating?
No, not every individual who reaches MMI automatically receives a permanent impairment rating. These ratings are only granted to individuals if there is a lasting impairment or some form of permanent damage that has resulted from your original injury. If you have made a full recovery without any lasting or permanent effects, then a permanent impairment rating will likely not apply.
What Are Some Examples of a Permanent Partial Disability in NC?
In NC, a few examples of a permanent partial disability can include any loss of range of motion in a joint, such as in the shoulders or knees, chronic pain that limits you from doing certain activities, any hearing loss or loss of vision in one eye, and the loss of a body part, such as a hand, foot, or finger.
Hire a Workers’ Compensation Lawyer Today
If your doctor believes you have reached MMI, you are likely concerned about your ability to still pull in benefits. At Law Office of Lyndon R. Helton, PLLC, our team is here to help you secure the benefits you deserve throughout Burke, Catawba, and Caldwell counties. Contact our offices today to learn more and schedule your initial consultation.
