Earlier this week, I saw a blog post titled “What Happens To Workers’ Compensation When You Reach MMI?” It’s a good question. It’s one we frequently answer for callers to our office. Unfortunately, that other blog post really failed to answer the question. Instead, it simply listed a number of different types of injury. So, I’ll try to discuss several actual events that are often triggered by Maximum Medical Improvement (MMI).
What is MMI? Maximum medical improvement is that point in time where the injured worker has reached their maximum healing. Does it mean you are totally healed? In some cases, yes. But, in many cases the worker is not totally healed. Instead, the worker is left with a permanent disability. Some people suffer permanent injuries and need continuing care to maintain their level of function. Under our work comp system, you are entitled to medical care for your injuries.
So, let’s discuss the two biggest events triggered by the MMI date in an Alabama workers’ compensation claim. And, I’ll add that the date of MMI is not always clear or agreed-upon.
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The Insurance Company Is Likely To Cease Paying TTD (Temporary Total Disability) Benefits When You Reach MMI
The days and weeks after a serious work-related injury can be scary. Suddenly, you are thrust into a world of pain and worry. Will I get better? Will I be able to work?
Our work comp system provides temporary benefits for this period of time. These benefits are paid when you can’t work while recovering from your injuries. You can receive TTD (Temporary Total Disability) if you are physically unable to work while recovering. Alternatively, you might receive TPD (Temporary Partial Disability) if only able to do a portion of your work while recovering.
Your MMI date is important to these temporary benefits. MMI means you are no longer “recovering.” You may need continuing care but you have reached your maximum improvement. Because of that, the insurance company will stop paying temporary benefits.
When you reach MMI, temporary benefits will stop. And, the issue becomes whether or not you have a permanent disability. This can be a difficult time for many workers, especially those workers who continue to be totally disabled. If that is the case, talk to an experienced work comp attorney who can help you get the permanent benefits you deserve. Before hiring an attorney, make sure he or she has actually tried work comp claims to verdict in Alabama. Too many lawyers refuse to fight for their clients in court.
The Court Can Finally Determine Your Level Of Permanent Disability When You Reach MMI
As I mentioned in the prior section, once you reach MMI the issue is whether or not you have a permanent disability. Under Alabama law, the trial court cannot determine the extent of your final disability until you reach MMI. That means your case cannot be tried until then.
When you reach MMI, your lawyer can begin preparing your claim for trial. That means, your lawyer can gather the medical opinions as to disability. Your lawyer can have you evaluated by a vocational expert. Your lawyer can prepare and fight to get the permanent benefits you deserve.
Everyone I talked to at Blackwell was straight forward and easy to talk to. Personal injury lawyers are one that you hope to not need but I’m very happy to have worked with them under the circumstances.
Response from the owner:Thanks for trusting us with your case! We want our injured clients to have the best possible answers and advice. Our whole team is dedicated to helping you through the process while we work to build the best possible case. If you ever need anything, we are here. Again, thank you so much for letting us work with you!
Patricia was so incredibly patient with me throughout the process!! She was always so eager to help and quick to respond! She is an amazing asset to this firm!! Thank you Jeff and Patricia for everything y’all did for me!!
Response from the owner:Rob, Thank you so much. We are so happy we could help with your case. Yes, Patricia is amazing at helping clients through the process! If you ever need anything, we are here. Again, thank you!
Jeff and his team are the best. They worked relentless. And were there every step of the way. I was always kept informed, of what was happening. Believe me it was a long process, but I am so happy I chose Jeff Blackwell to fight for me. He is in it to win, and is honest and fair. If your looking for an excellent team to fight for you, this is the team you need. I thank Jeff and his team for everything.
Response from the owner:Thank you for your kind review, Billie! We’re glad you trusted our law firm for a case. Anytime you need legal advise, be sure to give us a call.
I highly recommend Jeff if you are looking for a lawyer. Jeff, Patricia, and Danielle were there for me through every step of the process. They explained everything clearly and answered all of my questions with care and respect.
Response from the owner:Thank you so much. I'm so happy we were able to help. If you ever need anything, we are here!!!
Blackwell law firm side he would get me something back and he did just that. And thanks to Patricia for all your hard work. Thank you
Response from the owner:Thank you so much for your kind words. I'm so happy we were able to go after the insurance company and help you. If you ever need anything, just let us know. Thank you!
They were very helpful!
Response from the owner:We are so happy we could help. If you ever need anything, let us know.
Blackwell Law firm is one of the most compassionate law firms. Danielle is knowledgeable and provided great insight. Thank you!
Response from the owner:Thank you so much. I'm so happy Danielle was able to help with your legal questions. Give us a call any time.
If you're looking for a great lawyer for a workers compensation case please consider Blackwell Law. Patricia, Danielle and Jeff are very easy to work with and keep you informed always. Thank you Blackwell Law for taking care of my case.
Response from the owner:Dwayne, Thank you so much. It was our pleasure to help with your case! Call us if you ever need anything.
The Date Of Maximum Medical Improvement May Be Disputed (The Court Determines The Correct Date)
In many cases, the date of maximum medical improvement is easy to determine. Maybe you had a back injury and saw the same orthopedist throughout your care. After treating you, that doctor determined you were at MMI. But, not all cases are that simple.
What if you were treated by more than one doctor and these doctors had different opinions on MMI? This happens all the time when a worker has an accident with multiple injuries.
What if your doctor initially assigned a MMI date but you later relapsed and required more care? This sometimes occurs. When it does, an injured worker may receive a new MMI date.
I could describe numerous issues which lead to differing MMI dates or confusing MMI dates. I’ve seen so many strange situations over the years. The MMI date is important because it factors into both your temporary and permanent disability payment times. In a disputed case, the trial court decides the proper MMI date. That means the court will likely look at all the medical evidence and determine the proper date for MMI.
Be Ready For Maximum Medical Improvement
The date of MMI is important. At MMI, you will likely lose temporary benefits. At MMI, the issue becomes one of permanent benefits. At MMI, the trial court can finally decide your claim. The date is an important trigger. Don’t be caught by surprise.
During your medical care, listen to your doctor. Many doctors discuss healing times. Some doctors begin mentioning MMI as the date approaches. If the doctor does not mention MMI specifically, the physician may start talking about other similar topics including:
- Releasing you
- Your need for easier or less physical work
- Your ability to return to work (or not return to work)
- Your need to learn to live with your limitations
- Permanent restrictions
- Testing for limitations (like a Functional Capacity Examination or FCE performed by physical or occupational therapists)
- Your permanent Impairment Rating
These are all clues that your date of MMI is approaching. If you have legal counsel, you need to discuss these with your counsel so he or she will be ready to move the case forward. If you suffered a serious work-related accident, hire an experienced counsel who understands the hurdles that must be overcome to prepare your case fully. In Alabama, workers compensation benefits are limited. So, it is important you understand all the benefits to which you are entitled.
Call Us Now (256) 261-1315
(256) 261-1315
