If you suffer an injury on the job in Arkansas, you want to get healed quickly, so you can return to work and resume your normal daily activities. Your employer and their insurer want this too. The faster you return to work, the faster they can stop paying your workers’ compensation claims. However, what happens when your injuries don’t heal or when you suffer permanent or total disability?
When this occurs, your doctor must rate your impairment. This impairment rating helps to determine how long you can receive workers’ compensation benefits and how much you are entitled to receive. Each impairment has a dollar value, and the degree of impairment also matters. Your employer’s insurance company will use this impairment rating when calculating your benefits.
Often, the insurance company and the injured worker do not agree on the extent of the injury or the level of impairment. This is where an impairment rating helps. The rating will tell the insurer and your employer if you cannot return to work or return to work in a lighter capacity. This impairment rating is critical when it comes to receiving all the benefits you are entitled to, including workers’ compensation claims, SSA disability benefits, and other employment benefits in Arkansas.
In Arkansas Workers’ Compensation cases, an injured worker may get released by their doctor at maximum medical improvement (i.e., as good as you are going to get). When this happens, the doctor will assign an impairment rating.
An impairment rating is a measure of the level of impairment, so the worker, employer, and insurance company can all understand the severity of the injury. They may determine that you are partially or totally disabled because of your workplace injury.
When you hear the word impairment, it is important to understand that there are differences and degrees of impairment.
Permanent and total impairment gives workers the ability to pursue longer and larger workers’ compensation benefits. Permanent impairments must also receive impairment ratings to help determine the full scope of benefits an injured worker qualifies for.
An impairment rating is expressed as a percentage that represents the degree of permanent impairment resulting from a work-related injury in Arkansas. Although the percentage is an important part of your workers’ compensation claim, it does not automatically determine whether you can return to work or whether you are permanently disabled. Instead, it is one factor used to calculate certain workers’ compensation benefits under state law.
For example, two injured workers may both suffer shoulder injuries but receive different impairment ratings because the long-term effects of their injuries are different. One worker may regain nearly all strength and range of motion, while another may continue to experience significant restrictions despite surgery and rehabilitation. The physician performing the evaluation considers objective medical findings and applies the criteria contained in the American Medical Association’s Guides to the Evaluation of Permanent Impairment when assigning a rating.
Because an impairment rating can directly affect the amount of permanent benefits available, it is important that the evaluation accurately reflects the lasting effects of your injury. An incorrect or unsupported rating may reduce the compensation you receive, making it important to understand how the rating was determined and whether it accurately reflects your medical condition.
A medical impairment rating gives insurers a percentage of the level of impairment a worker has suffered. This impairment rating helps them determine how much the impairment will affect the employee’s ability to return to work. If the workers can return to their job in a lower-paying or less stressful capacity, they are considered partially disabled. If they cannot return to work in any capacity, they are considered to be totally disabled.
To receive this rating, you must have already received at least 104 weeks of benefits after an injury. Your impairment must also be considered permanent and not temporary. Once you have reached maximum medical improvement, your doctor will focus on helping you manage your injury. Full recovery will no longer be a possibility. When this occurs, you will need to enter the impairment rating process.
Once you have received 104 weeks of benefits and are at maximum medical improvement, the insurance company will send you a notice to take an Impairment Rating Evaluation. A medical doctor will conduct this test, and you must attend this appointment, or you could lose your benefits. The reason for this IRE examination is so that the employer and insurance company can evaluate for themselves the full extent of your injuries. They often use this to try to reduce the benefits they pay to you.
The insurance company can request up to two IRE Examinations within a year. During this examination, the doctor will review your medical records, treatment, and therapies you attended. They will examine your impairment and your health to determine the degree of impairment you now suffer.
In Arkansas, doctors must use a book entitled The AMA Guide to Permanent Edition, 4th Edition, to calculate that rating. This book covers every body part that could be injured, including the skin, the spine, the upper extremities, the lower extremities, etc. When the doctor assigns the rating, that rating is valued at a dollar figure. There are mathematical formulas to calculate how much your impairment rating is worth. As such, it is important to have an experienced workers’ compensation lawyer on your side throughout to ensure that your disabilities are calculated correctly and accurately.
The insurer wants the doctor to rate your disability below a specific threshold so that they can move you off of total disability benefits and onto partial disability benefits. This saves them money — but it is not in your best interest.
If you disagree with the results of your IRE, you can file an appeal with the Arkansas Workers’ Compensation Commission. Filing an appeal is important because your impairment rating will directly affect how much money you receive and how long you receive it. If you want to receive maximum benefits, you will need an experienced and skilled Arkansas workers’ compensation attorney on your side from the start to fight for your rights. Your attorney can represent you through the impairment rating and appeals process.
Appealing an impairment rating is not simply a matter of disagreeing with the doctor’s conclusions. A successful appeal often depends on demonstrating that the evaluation was not performed correctly, that the physician failed to apply the appropriate medical guidelines, or that the assigned rating is not supported by the medical evidence. Medical records, diagnostic imaging, treatment history, and opinions from your treating physicians may all become important when challenging an impairment rating.
Because an impairment rating can affect the amount and duration of your workers’ compensation benefits, it is important to review the evaluation carefully before accepting the results. In some situations, additional medical evidence or expert opinions may support a different rating than the one assigned during the evaluation. Understanding your options early can help protect your right to receive the benefits available under Arkansas workers’ compensation law.
Since 2006, Rainwater, Holt & Sexton has helped injured workers throughout Arkansas navigate impairment ratings and complex workers’ compensation claims. We understand how significant an impairment rating can be and work with our clients to evaluate the medical evidence, explain the appeals process, and protect their interests throughout their claim.
When you receive a notice that you must attend an impairment rating evaluation, it is important to understand how serious this examination is to your claim. Do not take it lightly. Instead, call an attorney with experience handling workers’ compensation claims in Arkansas. Your attorney can help prepare you for the IRE and ensure that your rights are protected throughout.
An Arkansas workers’ compensation attorney can help you avoid the pitfalls when going into an IRE. The examination is an important part of your claim and can seriously impact the money you receive monthly. An attorney at Rainwater, Holt & Sexton can help you through this process and protect your rights at every turn.
Insurance companies and employers are reluctant to pay injured workers what they need and deserve. They often try to reduce their responsibilities by forcing workers back into the workplace too early or getting a lower impairment rating. Your attorney can make sure you are treated fairly during the process and that your impairment rating truly reflects the impact your injury has had on your life and your future.
Being dropped from total disability benefits to partial disability benefits can have a serious impact on injured workers and their families. If you receive a notice from the insurance company to attend an IRE, contact a workers’ compensation attorney immediately.
Although people often use the terms “impairment rating” and “disability rating” interchangeably, they do not necessarily mean the same thing. An impairment rating measures the permanent physical or functional loss caused by a workplace injury, while a disability determination focuses more broadly on how that injury affects your ability to work and earn a living.
An impairment rating is a medical opinion assigned by a physician after you reach maximum medical improvement. The rating is based on objective medical findings and standardized guidelines rather than your specific occupation or earning capacity. A disability determination, on the other hand, may consider additional factors such as your work restrictions, education, job skills, and whether you can return to your previous employment or perform other work.
Understanding this distinction is important because an impairment rating is only one part of a workers’ compensation claim. Depending on the circumstances, other issues may affect the benefits available to an injured worker. If questions arise regarding your impairment rating or your ability to return to work in Arkansas, an experienced workers’ compensation attorney can help you understand your rights and evaluate whether your benefits are being properly calculated.
When you suffer a work injury, you deserve to collect the full amount of benefits you are entitled to. Unfortunately, workers’ compensation claims are not always cut and dry. Without suitable legal representation, injured workers may not get the benefits they need to get back on their feet and back into the workforce. These cases are critical and require a law firm with the experience and knowledge necessary to achieve successful outcomes.
With offices throughout Arkansas – Little Rock, Springdale, Conway, Hot Springs, Bryant, Jacksonville, and Jonesboro —our workers’ compensation lawyers are easily accessible when you need help.
N/a
