Workers’ compensation provides benefits to workers who have been injured or become ill due to their work duties. One key milestone under a workers’ compensation claim is maximum medical improvement (MMI). This means that the worker’s condition has plateaued, and no further improvement or recovery is expected, even with medical treatment.

Once this point is reached, the benefits a worker is entitled to are likely to change as their temporary benefits may end, and shift to compensation for permanent disability. It is important for workers to know what steps to take after reaching MMI to receive the compensation they are entitled to. This article will explore these steps in further detail below.

Seek Legal Assistance

A worker’s MMI status will first need to be confirmed by a physician who will examine them and assess their condition. If their assessment concludes their condition can no longer be improved through medical interventions or a permanent disability or impairment is found, then MMI status will likely be confirmed and the worker may then be entitled to permanent disability benefits. 

To ensure help they secure compensation that fairly and accurately reflects their condition it is advisable for the worker to consult a workers’ comp lawyer who can review the medical findings and, if necessary advocate on their behalf.

Understand Your Rights

After reaching MMI, an injured worker may be entitled to different types of benefits depending on their condition and the findings of the medical assessment. These include permanent disability benefits, permanent partial disability and vocational rehabilitation benefits. A clear understanding of their condition as well as the types of benefits available can help injured workers ensure they receive the right form of benefits.

Ensure a Fair Settlement

Before agreeing to a settlement, an injured worker should work with their lawyer to ensure they receive a fair settlement that fully reflects the extent of their injuries and the impact this will have on their future. In addition to lost wages, the settlement amount should also take into account any ongoing medical expenses. 

While MMI assumes that the worker’s health condition has reached a stage where no more improvement will occur, this does not necessarily mean no more medical treatment will be required. The injured worker and their legal advisor should ensure that the settlement offer also takes into account their future medical needs by making provisions for any ongoing care or long term medical expenses.

Negotiate

To ensure the benefits a worker receives after reaching MMI accurately reflect their condition, it is often necessary to negotiate the terms of the settlement made by the insurance company. In order to strengthen their position and counter any offers that do not fully account for their long-term expenses and losses, workers may need to present evidence that substantiates their claims. These can include medical records from physicians and expert opinion from medical professionals who have examined or treated them.

By taking the steps outlined, workers can ensure the transition from pre-to post-MMI benefits is as smooth as possible and they receive fair compensation for their long-term needs.