South Carolina Workers’ Comp Lawyers
Impairment Rating and Permanent Disability
The doctor who treats you will have to assess not only whether you are fit for work (and by how much) but also whether you have any permanent impairment as a result of your injury to a body part or to your “whole person.”
Your physician will look to generally accepted guidelines to arrive at a percentage of impairment or loss of function. Quantifying impairment is hard because it is somewhat subjective. The physician will use clinical judgment and the guidelines to come up with a fair figure. Many doctors use a book by the American Medical Association called Guides to the Evaluation of Permanent Impairment. If he or she determines that the impairment is permanent, the injured worker may be entitled to disability benefits.
Quantifying Impairment
When does impairment of your activities of daily living become so severe that it can be can considered a disability? The answer depends on the circumstances. Let’s say someone gets hurt at work and can no longer do extended physical activity. This may not be a problem if he has a sedentary job (e.g. office secretary). But it might completely destroy a career that requires vigorous movement (e.g. construction worker).
Many South Carolina workers compensation cases revolve around figuring out how to fairly translate the impairment rating the physician gives to a disability rating. If you have a lawyer, this is a key part of your lawyer’s role. Factors that go into this translation are myriad. Consider:
- Similar injuries can have different effects on different workers. For example, consider a left hand injury to a right-handed person. If the person works in an office, this may have only minor effects on her ability to do her job. But if the person works in construction, this injury will have a tremendous effect on her future earning potential.
- Likewise, the same person can suffer similar injuries at different points in her career and respond to these injuries very differently. For example, consider a bartender who, in her 20s, hurts her back. She may have the time and ability to change careers to one that she can do even with her impairment. But fast-forward 15 years. She sustains an identical injury. This time, she has a much harder time getting back to work.
What are the Activities of Daily Living (ADL)?
They include (but are not limited to):
- Taking care of yourself (eating, brushing your teeth, showering);
- Communicating with other people (hearing, typing, speaking);
- Sleeping;
- Physical activity (walking, sitting, standing, climbing stairs);
- Moving around (riding in a car or bus, traveling)
In the process of Evaluation of Impairment, the physician must consider your activities of daily living (ADL) closely, perform a physical examination, and take a detailed personal history. He or she also must examine your vital signs, take a look at the course of medications you may be on, inquire about your sleep habits, and potentially refer you out to a specialist.
