Understanding Disability Ratings and Your Rights
If you sustained a work-related injury, your first concern is getting medical treatment. Upon reaching your maximum medical improvement (MMI), the treating physician will then use the rating guidelines to determine the percentage of your impairment.
For a free consultation about what your permanent impairment rating is worth, call the Eley Law Firm today at 866.458.6360 or 720.279.9172.
We help you understand permanent disability ratings and your rights.
There are two types of disability ratings: extremity and whole person. Determining whether a particular injury is subject to an extremity or whole person rating frequently requires litigation. An experienced workers' compensation lawyer can guide you through this process and help you receive the benefits you are entitled to under the law.
Extremity ratings determine the damage to arms and legs.
Extremity ratings are given to workers who injure their arms, legs, hands or feet, as opposed to head injuries, neck injuries or back injuries. With some exceptions, extremity ratings provide for less permanent impairment benefits than whole person ratings. Benefits paid for an extremity rating are based on the severity of the injury and do not take the wage rate or age of the claimant into account. They also vary depending on the date of the injury.
Whole person ratings apply to the effect of injury on the entire body.
Whole person ratings are given to workers who have sustained injuries to the head, neck, back or torso. (Please see types of workplace injuries.)
Benefits for whole person impairment are paid based on a formula outlined in the Colorado Workers Compensation Act. This formula takes into account the worker's wage rate and age. In general, the younger a worker is and the higher the worker's wage, the more the permanent impairment is worth.
We handle disputes about maximum medical improvement and disability ratings.
An injured worker, employer or insurance carrier who disagrees with the date of MMI or with the disability rating can request a Division Independent Medical Examination (DIME) or a second opinion from another doctor.
The opinions of the DIME doctor on the issues of permanent impairment and MMI are binding on the parties unless overturned at a subsequent hearing by "clear and convincing evidence." Since overturning a DIME doctor is difficult, great care should be taken in selecting the initial doctor. The Eley Law Firm can provide valuable help in the selecting of your DIME physician.
720.279.9172 · 866.458.6360 · Free Consultation · Contact a Lawyer
The procedures for obtaining and disputing a DIME are complex and change frequently. For advice on how to obtain a DIME or general information on disability ratings, contact a Colorado workers' compensation injury attorney at the Eley Law Firm in Denver. Call 866.458.6360 or 720.279.9172 for a free case evaluation. You may also fill out the e-mail form on the contact page, and a representative from the office will be in touch with you shortly.
We look forward to hearing from you and helping with your workers' comp case.
