Workers’ Compensation: Navigating the Gray Area of N.C. Maximum Medical Improvement
Understanding the fine print in North Carolina workers’ compensation law and conditions like Maximum Medical Improvement isn’t easy without legal help. (That’s why people hire employment law attorneys. Workers’ comp law is filled with legal jargon, gray areas, and a whole lot of “what-ifs.” The concept of Maximum Medical Improvement (MMI) is one of the thorniest issues in North Carolina workers’ comp cases.
What Maximum Medical Improvement Means
Maximum Medical Improvement is used to define when an injured employee reaches a point in their treatment where the condition cannot be improved. Essentially, MMI is when an injured employee’s treatment plateaus and they are not completely healed. This designation often includes work restrictions or a disability rating.
Frequently Asked Questions About MMI
I’m sure you can already see how MMI may be a bone of contention for anyone injured on the job. To help you understand your rights in this confusing area, our workplace injury attorneys are answering common questions about navigating North Carolina’s MMI and workers’ compensation rules.
Who Determines When an Employee Has Reached MMI?
The answer is mostly simple: A physician determines when an employee has reached MMI. Typically this is the treating physician of the injured employee. However, an employer or insurer may request an Independent Medical Examination (IME) by one of their doctors as well. Disagreements between the IME and the treating physician are usually forwarded to the North Carolina Industrial Commission or a judge.
I Have Reached MMI—Now What?
Consulting with an attorney after reaching MMI isn’t required but it is recommended if the injury has left you disabled or unable to perform your job. A lawyer can ensure your interests are protected and that a settlement offer or conditions for returning to work are fair. The workers’ compensation claims process can sometimes require input from your employer, the North Carolina Industrial Commission, and the insurance company, and when MMI is being evaluated, each of these parties may have different interests—none of which is yours.
Will Medical Treatment Continue After MMI Is Reached?
Not always. Sometimes, if an injured employee’s condition will worsen if treatment ends, they will continue to receive treatment for their injury.
If Treatment Continues After Establishing MMI, Who Pays for It?
If the discontinuation of treatment will result in regression of the employee’s medical condition, the employer may be responsible for paying medical expenses related to an injury throughout an employee’s lifetime.
In other cases, an employer may make a monetary offer to be released from future responsibility. This settlement usually restricts the worker from bringing any future claims for the injury against the employer or workers’ compensation carrier.
What Happens if MMI Is Established but the Employee Cannot Return to the Same Level of Work?
If the employee begins working again but receives a lower wage or works fewer hours, they may be entitled to compensation for lost wages. If the employee cannot work due to their injuries, they may be compensated with non-working wage loss for what they would have been making.
Finding a Lawyer for Workers’ Compensation Claims in North Carolina
You don’t have to go through this alone. Miller Law Group in Raleigh, North Carolina, has a team of attorneys with many years of experience serving clients with workers’ compensation and MMI challenges. If you have additional questions or would like to consider legal representation for your case, please contact our workers’ comp attorneys.
