Guide to Whole Person Impairment Payouts in Worker’s Comp

Work injuries are far more common than people realize. Depending on what state you live and work in, you might be covered by Workers’ Compensation laws. Since Workers’ Compensation varies a bit from state to state, it is important to consider how disabilities and impairments are assessed. The degree or level of a person’s impairment may directly relate to their potential Workers’ Compensation benefits.

Whole person impairment is a way of determining how incapacitated a person is after an accident. Generally, impairment ratings are expressed as percentages, with 100% being someone who is totally incapacitated. We often rely on impairment ratings and whole person impairment assessments to determine what kind of compensation someone might be entitled to after a work accident. Your impairment rating may be determined using multiple factors, including whether damage or injuries are permanent and how the injured person is able to function. Certain specific injuries may be assessed separately from the impairment rating, and it is best to ask an attorney about specific details of your case.

Get a free case review to begin by calling our Massachusetts Workers’ Compensation lawyers at the Law Office of John J. Sheehan at (617) 925-6407.

What is Whole Person Impairment for Workers’ Compensation Claims?

Whole person impairment is a way of assessing someone’s injuries and ability to work after being injured in an accident. For example, suppose you were injured in a work-related accident. In that case, you might be entitled to Workers’ Compensation benefits, and we might need to assess your impairment rating before you receive any benefits. Generally, the higher your impairment rating, the more compensation you should receive.

A person’s impairment rating is often assessed once they are thought to have reached “maximum medical improvement.” This is the point at which a person’s injuries have healed as much as possible. Remember, maximum medical improvement does not mean that someone is fully healed. Many people who reach their maximum medical improvement are considered physically impaired or otherwise disabled, as they might never return to the condition they were in prior to their injuries.

Numerous factors are considered when determining whole person impairment. Our Boston Workers’ Compensation lawyers must consider which parts of your body were affected by the accident and the extent to which they have recovered or healed. We must also think about how your maximum medical recovery level allows you to work. If you cannot work at all, you likely have a higher impairment rating.

How Whole Person Impairment is Decided in Workers’ Compensation Cases

While the Workers’ Compensation process is steeped in law and complex legal procedures, lawyers or other legal professionals do not determine a person’s whole person impairment. This determination can only be made by a qualified medical professional. Again, Workers’ Compensation laws vary by state, and different states might impose different rules on how whole person impairment must be determined. As such, it is important that you speak to an attorney about the specific details of your case.

Usually, impairment rating must be determined by an independent medical professional who has no stake in the outcome. The doctor must consider how an injury or impairment affects the patient’s ability to function normally, work, and accomplish normal daily tasks. If there is more than one injury or impairment, the doctor must consider how they interact or combine to affect the patient’s life. Even mental or psychological effects may be considered.

Obtaining an impairment rating may help us determine the extent of your potential compensation. In short, the higher a person’s impairment rating, the greater their compensation should be. If you experience an arm injury that reduces the functionality of that arm, you should be compensated for it. If functionality is also lost in a leg or other body part, you should probably be compensated more.

Compensation for Specific Injuries and Whole Person Impairment

In Massachusetts, injured employees may receive compensation for specific types of injuries in addition to benefits for lost income and medical expenses. Specific injuries under Mass. Gen. Laws Ch. 152 § 36(1) are separate from other impairment ratings. For example, specific injuries under § 36 may include the loss or amputation of limbs. If you lost an arm in a work accident, you may receive compensation for the lost appendage under § 36. In addition, the loss of the arm will undoubtedly factor into a whole person impairment assessment. This determination is separate from any whole person impairment determination and resulting compensation.

How Whole Person Impairment Ratings Apply in Different States and Jurisdictions

Whole person impairment assessments can be complex, but they do not apply in every single case. While many jurisdictions require a whole person impairment evaluation for things like Workers’ Compensation or other kinds of benefits or assistance, other states might follow somewhat different rules. In short, it does not apply everywhere, and you should speak to an attorney in your state to determine exactly what you need going forward.

Massachusetts typically does not apply these kinds of ratings or calculations. Instead, Massachusetts categorizes injured workers based on their capacity to continue working. These categories include partial incapacity under Mass Gen, Laws Ch. 152 § 35, total temporary incapacity under § 34, and permanent and total incapacity under § 34A. These categories have a similar effect as a whole person impairment rating in that they are based on the injured employee’s ability to function after an accident.

While people filing Workers’ Compensation claims in Massachusetts do not have to have a whole person impairment assessment by law, knowing your impairment rating, even if it does not apply in your state, can help you and your lawyer determine what your claims should be worth. Again, the higher your impairment rating, the greater your compensation should be.

Speak to Our Workers’ Compensation Lawyers for Help Right Away

Get a free case review to begin by calling our Cambridge Workers’ Compensation lawyers at the Law Office of John J. Sheehan at (617) 925-6407.