If you’re in treatment for an injury you received at work in Myrtle Beach, you may have heard the term “maximum medical improvement” and wonder what it means.
In matters involving workers’ compensation, maximum medical improvement (MMI) means your condition is not expected to improve, regardless of whether you receive more medical care. When you reach MMI, you have healed as well as you can expect to heal. The workers’ compensation system will terminate your temporary wage loss benefits when this occurs. Depending on your condition, you may receive permanent disability benefits.
Jebaily Law Firm has served injured people in South Carolina for over 50 years. We have the knowledge and resources to fight for your workers’ compensation benefits with determination.
If you’ve been injured in Myrtle Beach, South Carolina, contact Jebaily Law Firm immediately for a free consultation about your workers’ compensation claim.
What Does Maximum Medical Improvement Mean for Myrtle Beach Workers’ Compensation Cases?
What does MMI mean in workers’ comp claims?
The U.S. Department of Labor’s Office of Workers’ Compensation Claims defines maximum medical improvement as the condition in which:
- The patient’s medical condition has stabilized.
- The patient is unlikely to recover further, regardless of whether they receive additional medical care.
In a South Carolina workers’ compensation case, that means that one phase of the process is ending, and the next phase will begin.
What Happens After MMI Is Reached in Myrtle Beach?
Under South Carolina workers’ compensation law, the employer may request a hearing to terminate your temporary disability payments once you have reached maximum medical improvement. Your doctor may assign you an impairment rating based on the percentage of permanent physical impairment to the affected body part. According to the South Carolina Workers’ Compensation Commission, your employer may offer a permanent disability settlement based on your impairment rating.
What Happens if You Return to Work Before You Reach MMI?
Many injured workers are eager to return to work as soon as possible after an accident, but it is not always a good idea. If your doctor has not released you to return to work, you could not only be harming your physical recovery, but you could also be costing yourself your workers’ compensation benefits.
Additionally, if you later realize that you are not yet healed and are not ready to return to work, it may be challenging to show that you are entitled to disability payments again. If you’re given modified job duties based on your doctor’s restrictions, you should go to work and perform those duties. Otherwise, returning to work is not a good idea before reaching MMI.
How Does MMI Affect My Ability to Receive Workers’ Compensation Benefits in Myrtle Beach?
What is MMI’s impact on a workers’ compensation settlement? Reaching maximum medical improvement could have several effects on your workers’ compensation benefits in Myrtle Beach, including:
- Your temporary disability benefits will stop.
- Your doctor will assign you an impairment rating.
- You will continue to receive medical benefits for any reasonable and necessary medical treatments.
- You can return to work unless you are given permanent work restrictions that prevent you from returning to your original job, or you are permanently disabled.
- The insurance company may offer a permanent disability settlement in a lump-sum payment.
In South Carolina, your maximum medical improvement payout is based on several factors:
- Your impairment rating
- Your disability rating
- Your average weekly wage
- How severe your injury is
- Your ongoing medical needs
- Your ability to return to work
You may receive either permanent total disability or permanent partial disability benefits after reaching MMI in your work-related injury or occupational illness. Under South Carolina law, partial disability benefits are two-thirds of the difference between your average weekly wage before the accident and your average weekly wage after the accident. Total disability benefits are two-thirds of your average weekly wage, paid for weeks determined by which body part is disabled. For example, the payment for the total loss of a thumb is 65 weeks, and the payment for the total loss of a toe is 35 weeks.
Can You Dispute an MMI Decision in Workers’ Comp and Can an Attorney Help?
Reaching maximum medical improvement may be a good thing for an injured worker, but receiving an assessment of MMI is not always positive. You may disagree that you are ready to return to work and may not be prepared to stop receiving temporary wage-loss benefits. Even if you have reached maximum medical improvement, you may disagree with the doctor’s assessment of your impairment rating.
You can dispute a doctor’s MMI finding by:
- Requesting a second opinion or an independent medical evaluation
- Requesting a hearing with the Workers’ Compensation Commission
- Challenging the accuracy of the doctor’s impairment rating
Our workers’ compensation lawyers can help you dispute an MMI finding and can represent you in a hearing with the Workers’ Compensation Commission. While you can get a hearing without a lawyer’s help, hiring our experienced law firm could give you a significant advantage in your case. It also lets you focus on your health and life while we handle the legal matters.
How Our Workers’ Comp Lawyers Can Help with MMI Issues
Disputing an MMI finding can involve complex medical and legal issues. Trying to handle these issues without legal help is likely challenging, but our experienced workers’ compensation attorneys are deeply familiar with all the relevant issues.
Our lawyers can help you by collecting statements from witnesses, reviewing your medical records, and gathering other evidence to support your MMI challenge. We can see whether your impairment rating is accurate and can seek expert assistance to challenge the rating if it isn’t. Most importantly, our workers’ compensation attorneys can advocate vigorously for you to receive fair compensation for your workplace injuries.
Jebaily Law Firm is a personal injury and workers’ comp law firm serving Myrtle Beach and the surrounding areas of South Carolina. We have over 100 years of combined legal experience helping injured people in our community.
If you were injured in an accident at work, we believe that you deserve full and fair compensation for your medical expenses, lost wages, and any related disabilities you may suffer. We would be proud to fight for the compensation you deserve.
Contact Jebaily Law Firm immediately for a free consultation to discuss your workers’ compensation case.
