Adam Baron, a top Florida work injury attorney, explains Maximum Medical Improvement and how it can impact your case.
If you were injured at work in Fort Lauderdale, Miami or somewhere else in Florida, you may eventually hear your doctor or the workers’ compensation insurance company use the term maximum medical improvement, or MMI.
You may also wonder whether you have to reach MMI before you can settle your workers’ compensation case.
The answer is more complicated than a simple yes or no.
Florida workers’ compensation settlements can take different forms, and the timing of a settlement can be an important consideration.
What Does Maximum Medical Improvement Mean?
Maximum medical improvement generally means your medical condition (after your injury) has stabilized and is not expected to substantially improve with additional treatment.
Reaching MMI does not necessarily mean that you are completely healed.
You could still have pain, limitations, or a permanent impairment after reaching MMI. It simply means your doctor believes you have reached the point where additional treatment is not expected to significantly change your condition.
Once MMI is reached, the doctor may evaluate you and assign a permanent impairment rating when appropriate.
Why Does MMI Matter?
MMI can provide a clearer picture of your long-term condition.
Before MMI, you may still be receiving treatment and may not know whether you will eventually need surgery or additional procedures. Your work restrictions may also change as your condition improves.
For example, imagine an employee in Miami who suffers a serious knee injury while working in a local auto shop. The employee is going through physical therapy and has not yet returned to regular work.
At that point, it may be difficult to know the full extent of the employee’s permanent limitations.
A few months later, the employee could reach MMI with permanent restrictions and an impairment rating. The picture of the claim may then be considerably clearer.
What Happens After MMI?
Florida law provides for impairment income benefits based on an employee’s impairment rating.
The statutory formula establishes a specific number of weeks of benefits depending on the percentage of impairment. For ratings from 1% through 10%, the schedule provides two weeks for each percentage point. Higher impairment ratings are subject to different calculations.
The impairment rating is therefore one piece of the workers’ compensation picture.
It is not necessarily the same thing as a settlement amount.
What If You Still Need Medical Treatment?
This is one of the biggest issues to consider before settling.
Reaching MMI does not automatically mean you will never need medical care again.
You could still need follow-up appointments, medication, physical therapy, injections, or other treatment depending on your injury and doctor’s recommendations.
If you are considering a lump-sum settlement, you need to understand what happens to future medical benefits.
Under Florida law, certain settlement agreements can release the employer and insurance carrier from responsibility for future medical expenses and other workers’ compensation benefits.
That makes the timing and terms of a settlement particularly important.
Can Settlement Discussions Start Before MMI?
Settlement discussions can occur before an injured worker reaches MMI. However, negotiating before your medical condition is fully understood can create additional questions.
If your condition is still changing, it may be difficult to determine your future medical needs, permanent restrictions, or impairment rating.
That does not mean an early settlement is always inappropriate. Every case is different.
It does mean an injured worker should understand the potential consequences before agreeing to a settlement.
What If the Insurance Company Wants to Settle?
If the insurance company approaches you about a settlement while you are still receiving treatment, do not assume the offer represents the full value of your claim.
Instead, find out what the settlement covers.
Does it include future medical expenses? Does it resolve wage-loss benefits? What happens if your condition gets worse? Are you giving up the right to receive additional workers’ compensation benefits?
These questions can matter just as much as the dollar amount on the settlement offer.
And yes, it can be very confusing trying to figure out what your best option is.
Talk to a Florida Workers’ Compensation Attorney
If you were injured while working in Florida, regardless of where you live or what type of work you do, you do not have to make sense of the settlement process on your own.
Adam Baron Law represents injured workers and can review your claim, your medical treatment, your work restrictions, and the terms of a proposed settlement.
Before you sign anything, make sure you understand what happens to your workers’ compensation benefits after the settlement.
Contact the Law Offices of Adam Baron, P.A. – we can review your situation and explain your options.
Contact us for a free, no-obligation case review. Call 954-247-4878.