Suffering a serious work injury can leave you with long-term or even permanent limitations that make it difficult, or impossible, to return to your previous job. In Louisiana, when an employee reaches maximum medical improvement (MMI), the workers’ compensation system uses a permanent disability rating to determine the extent of your impairment and how much compensation you are entitled to receive. Understanding what a disability rating is, how it’s assigned, and how it impacts your benefits is crucial to ensuring you receive fair compensation for your injuries.
What Is a Permanent Disability Rating?
A permanent disability rating is a medical assessment that measures the degree of lasting impairment caused by a workplace injury. The rating reflects how much the injury affects your ability to perform normal activities or work-related tasks. Once your treating physician determines that your condition has stabilized and is unlikely to improve significantly with further treatment, you are said to have reached maximum medical improvement (MMI).
At that point, your doctor will assign a disability percentage, usually expressed as a number between 0% and 100%. A 0% rating means there is no permanent impairment, while a 100% rating means you are totally and permanently disabled. This rating is a key factor in calculating your workers’ compensation benefits moving forward.
Types of Permanent Disability Benefits in Louisiana
Louisiana workers’ compensation law recognizes two main types of permanent disability benefits:
- Permanent Partial Disability (PPD): If your injury has left you with a lasting impairment but you are still able to perform some type of work, you may receive compensation for your partial disability. PPD benefits are based on your disability rating and the specific body part or function that was injured.
- Permanent Total Disability (PTD): If your injury prevents you from performing any gainful employment, you may qualify for PTD benefits. These benefits are generally paid for life and are designed to replace your lost earning capacity.
Other benefits, such as vocational rehabilitation and supplemental earnings benefits, may also be available depending on your medical condition and ability to work.
How Doctors Determine Disability Ratings
Disability ratings are determined by your treating physician or an independent medical examiner. The doctor uses medical guidelines and impairment charts, often based on the American Medical Association’s Guides to the Evaluation of Permanent Impairment, to measure your level of impairment.
The doctor may consider factors such as:
- Loss of strength, range of motion, or flexibility
- Chronic pain or neurological symptoms
- Limitations in daily or work activities
- Permanent disfigurement or loss of a body part
Once the rating is assigned, it becomes the foundation for determining the amount and duration of your benefits. However, if you disagree with the assigned rating, you have the right to request an independent medical evaluation to challenge the assessment.
How Your Disability Rating Affects Compensation
Your disability rating directly impacts how much compensation you will receive. For permanent partial disabilities, Louisiana law uses a schedule that assigns a set number of benefit weeks to specific injuries. For example, the loss of an arm or leg is worth a certain number of weeks of benefits, while injuries to fingers, eyes, or other body parts are worth less. The percentage of disability you are assigned determines what portion of those benefits you will receive.
For example, if the law provides 200 weeks of benefits for a specific type of injury and you are assigned a 50% disability rating, you would receive 100 weeks of compensation at your approved benefit rate. For total disability cases, your benefits are calculated based on two-thirds of your average weekly wage, subject to state maximums and minimums, and may continue indefinitely.
Because these calculations are complex, it’s important to ensure your disability rating accurately reflects the true extent of your injury. A rating that is too low can significantly reduce the benefits you receive over time.
Disputes Over Permanent Disability Ratings
Disagreements over disability ratings are common in Louisiana workers’ compensation cases. Insurance companies may try to minimize your rating in order to reduce their payout, while your treating doctor may believe your impairment is more significant. If a dispute arises, you have the right to seek an independent medical exam (IME) or appeal the decision through the Louisiana Office of Workers’ Compensation Administration.
An experienced attorney can play a critical role in these situations by reviewing your medical records, consulting with independent medical experts, and presenting evidence that supports your claim. They can also ensure that all necessary paperwork is submitted correctly and that you meet important deadlines for appeals or hearings.
When to Hire a Workers’ Compensation Attorney
If you have reached maximum medical improvement and received a disability rating that you believe is inaccurate or unfair, now is the time to contact an experienced workers’ compensation lawyer. An attorney can help you understand your rights, challenge a low rating, and negotiate a settlement that truly reflects your physical limitations and lost earning capacity.
The workers’ compensation attorneys at Wanko Workers' Comp Lawyers have extensive experience helping injured workers across Louisiana secure the benefits they deserve. We handle every aspect of the claims process, from filing and documentation to medical evaluations and appeals. Our goal is to make sure your disability rating accurately represents the severity of your injury and that you receive the full amount of compensation you are owed.
Contact Wanko Workers' Comp Lawyers for Help with Your Disability Rating
If you have questions about your disability rating or believe you were unfairly evaluated, don’t wait to seek legal help. The sooner you get an attorney involved, the better your chances of correcting an inaccurate rating and protecting your long-term benefits.
At Wanko Workers' Comp Lawyers, we understand how difficult it can be to navigate the workers’ compensation system after a serious injury. We are committed to advocating for your rights and ensuring that you receive fair treatment under Louisiana law. To schedule a free consultation with an experienced attorney, contact us today. We’ll review your case, explain your options, and help you take the next step toward the financial stability you deserve.
