How To Get A Higher Impairment Rating

Aug 10, 2021 | Read Time: 4 minutes

Work Injury

If you have a work-related injury, you may have heard of "impairment ratings."

You might be wondering what impairment ratings are and why they matter.

Impairment ratings (also called "MMI ratings" in Texas) are a critical part of every workers' compensation case. The wrong impairment rating can prevent an injured employee from getting the payout they deserve.

If you or a loved one has been injured on the job or assigned an impairment rating in Texas, take a moment to read this post. Our experienced Texas workers' compensation lawyers discuss what impairment ratings are, how they're calculated, and why they matter to your case.

For immediate assistance, please contact us online or call (254) 752-9688 to set up a consultation.

What Is an Impairment Rating?

Impairment ratings in Texas are ratings that reflect how much a worker has been permanently affected by their work injury. Impairment ratings decide how much compensation an injured Texas employee should receive.

It's kind of like when people rate collectible items as "fair," "very good," or "mint" condition. Impairment ratings involve the same concept but apply to permanently injured workers.

How Is an Impairment Rating Calculated in Texas?

An injured worker receives an impairment rating in Texas only after they have reached "maximum medical improvement," or "MMI." Injured workers generally reach MMI when their doctor decides that their injuries are unlikely to get any better. An injured employee can also reach MMI when they've received temporary income benefits (TIBs) for two years.

When an injured employee reaches MMI, their doctor will conduct a special examination. During this examination, the doctor measures the workers' physical condition by assessing things like pain levels, physical strength, and range of motion.

After the examination, the doctor assigns an impairment rating to the injured worker by referencing The Guides to the Evaluation of Permanent Impairment. Physicians use this book to compare their findings with defined impairment rating criteria. It's kind of like a Texas impairment rating calculator.

Let's use an example. Imagine you hurt your hand and back while working on the job. When you reach MMI, you still can't bend a couple of your fingers on your injured hand. You also have lower back pain that just won't go away. Based on this, your doctor assigns you an impairment rating of 25 for your hand and 10 for your back. This means that your hand has a permanent impairment of 25% and your back has a permanent impairment of 10%.

The higher your impairment rating, the less function you'll have in that part of your body.

Why Does My Texas Workers' Compensation Impairment Rating Matter?

A Texas worker' compensation impairment rating helps determine how much compensation an injured worker receives. Higher impairment ratings mean greater compensation. In other words, your impairment rating determines your payout in Texas.

How Much Compensation Can I Get?

Injured workers in Texas who have permanent work-related impairments can receive "impairment income benefits," or "IIBS."

State law creates a kind of Texas impairment payment rating calculator for these benefits. Each point of impairment allows an injured worker to receive three weeks of income equal to 70% of their weekly wage, provided that amount doesn't exceed 70% of the state average weekly wage (SAWW). The SAWW varies every year and is available online.

Let's use an example to show how this Texas impairment rating calculator works. Imagine that a worker named John has an average weekly wage of $1,000 before he injures himself at work. When John reaches MMI, his doctor assigns him an impairment rating of 30%. This means that John will receive IIBs equal to 70% of $1,000, or $700, for 90 weeks.

Imagine another injured worker named Jane. Before her injury, Jane made an average weekly wage of $1,500. With the same impairment rating as John, she will receive $705 per week for 90 weeks because the 2021 SAWW is $1,006.71.

Injured workers can receive more than just IIBs. In fact, there are several other kinds of income benefits besides IIBs, including supplemental income benefits (SIBs) and lifetime income benefits (LIBs). These income benefits each have their own unique requirements.

For example, injured workers can receive SIBs if they have an impairment rating of 15% or more and either:

Have not returned to work; or
Have returned to work, but earn less than 80% of their pre-injury weekly wage.

To sum up, your Texas workers' compensation impairment rating may entitle you to several different kinds of benefits. That is why it is important for you to have an experienced workers' compensation attorney to represent you.

What Should I Do If I Don't Agree with My Impairment Rating?

If you don't agree with your impairment rating, contact us right away. Although the Texas impairment rating evaluations system is supposed to produce consistent, unbiased impairment ratings, the truth is that it's far from perfect.

For one, different doctors can have different opinions. One doctor might determine that a hand injury results in 10% impairment, while another will assign the same injury an impairment rating of 15% or 20%.

Second, workers' compensation insurance companies often pay the medical doctors who make impairment ratings. Although doctors are supposed to be unbiased in determining impairment ratings, this financial connection often encourages them to assign lower impairment ratings to save the insurance company money.

This in turn motivates the insurance company to help the doctor earn more money by sending more injured employees for evaluation.

Consequently, doctors often assign injured workers unfairly low impairment ratings.

How Can The Zimmerman Law Firm, P.C., Help?

Chances are, you now realize that an impairment rating is an important but complex issue. No one should have to navigate the complicated world of Texas workers' compensation law alone. Our experienced Texas workers' compensation attorneys at The Zimmerman Law Firm, P.C., can help you receive the compensation you deserve. Plus, we won't charge you any legal fees unless you win your case.

Contact us or call (254) 752-9688 for a free consultation today, and let us help you get fair compensation for your Texas workers' compensation claim.

Michael Zimmerman

Michael was born in Houston, Texas. His education at Baylor and Texas State Universities earned him a Bachelor of Science degree in 1987. His major was in Biology with a Minor in Chemistry. He finished his legal education at Texas Southern University in 1990, earning a Juris Doctorate from Thurgood Marshall School of Law. He was admitted to the State Bar of Texas in 1990.