Navigating the Impairment Rating System in Colorado Workers’ Compensation

If you have become injured while working in Colorado, you may be eligible to file a workers’ compensation claim. Although this process is supposed to be straightforward, it can be complex for many workers. It may seem frustrating to encounter so many new and unfamiliar legal terms when all you really need is to cover your damages – including missed wages and medical expenses. A particularly complex concept is the “impairment rating system” in Colorado. An experienced workers’ compensation lawyer in Colorado can help you navigate this system with confidence.

What is the Impairment Rating System?

Each workplace injury in Colorado should have an impairment rating. As the name suggests, this is the level of impairment associated with your injury. In this context, the impairment in question is always permanent. In other words, your impairment rating reflects how your injury has affected your life.

How Does Maximum Medical Improvement Affect the Impairment Rating System?

It is difficult to fully understand how the impairment rating system works without first understanding a concept called Maximum Medical Improvement or “MMI.”

MMI is a specific point of time in your healing process – the point at which your healing process stops. Ideally, your healing process will leave you fully recovered from your workplace injury. In many situations, your healing process ends without resolving some permanent issues. This might be any number of problems including loss of part of your vision problems, hearing loss, lack of mobility and or pain in your neck and or back, the loss of function in an arm or leg, or severe ongoing pain. In the worst-case scenario, you will be left totally disabled and unable to work despite the best efforts of your doctors.

The impairment rating system only comes into play after you reach your MMI. Until this point in time, it is difficult to determine how your injury will affect your ability to work.

The Impairment Rating System is Highly Complex

The impairment rating can be complex. A doctor will be responsible for calculating your impairment rating. If doctors make mistakes or overlook certain issues, your lawyer can push back and ensure you receive a more appropriate rating.

The physician responsible for determining your impairment rating will refer to an American Medical Association (AMA) guideline. These AMA guidelines assign specific values to certain body parts in large part based on the continued mobility of the body part or impairment of the body part based on charts in the guidelines.

Scheduled Impairment Rating vs. Whole Person Rating

Impairment ratings are always expressed as a percentage. However, there are also two different types of impairment ratings to consider: Scheduled impairment ratings and whole person impairment ratings.

As the name implies, scheduled impairment ratings are associated with a pre-set formula. You can check a long list of various body parts to determine how much that body part is “worth” in the eyes of the workers’ compensation system. Next, you can check your impairment rating to determine how much of that value you have lost. For example, if your arm is worth $80,000 according to workers’ comp and you have a 50% impairment rating of your arm, you would receive $40,000.

Whole person injuries are associated with a set formula. These include injuries to the head, spinal cord, and other vulnerable areas. The true “cost” of these injuries can be more challenging to determine – the formula takes into account your age when you reach MMI, the wages you were earning and the impairment of the body part or parts determined by the rating doctor.

Impairment Ratings for Mental Issues in Colorado

According to the AMA  guidelines, impairment ratings based on mental and behavioral issues are based on three “elements.” These elements include:

• Activities of Daily Living
• Social Functioning
• Concentration, Judgment, and Pace

There can be limitations on the amount of recovery you may receive for mental impairments. However, if you were a victim of a crime or have significant other bodily injuries, then these limitations may not apply.

What if I Make a Full Recovery After My Workplace Injury?

If you make a full recovery, your impairment rating will be 0%. This is because you have no permanent impairment associated with your injury. Note that the impairment rating system only applies to situations involving Permanent Partial Disability (PPD) or Permanent Total Disability (PTD), when you cannot work at all.

Find an Experienced Workers’ Compensation Lawyer in Colorado

If you have been searching for an experienced workers’ compensation lawyer in Colorado, look no further than The Law Offices of W. Dan Mahoney, P.C. With our help, you can gain a solid understanding of the impairment system. We can also help you understand virtually any other aspect of the workers’ compensation process that might seem confusing. These include your Maximum Medical Improvement, death benefits, and much more. During your first consultation, you can ask as many questions as you like. Reach out today to get started with an action plan.

Category:

• WORKERS' COMPENSATION