What is Permanent Impairment and Occupational Disability?

Once the “underlying medical condition has stabilized ", or your physician has determined you have reached MMI, and you are released from his or her care, the workers' compensation insurance company may want to settle your claim. The factors they consider are your age, the percentage of whole person impairment assigned to your condition per the AMA Guides to Impairment, your education level, whether you are able to return to work with the same or increased wages than those being earned at the time you were hurt. There are other factors, which are used to determine the potential settlement you may be entitled.

If your treating physician or the hired physician appointed by your employer has determined that you do have some percentage of permanent impairment, you may be entitled to receive money for the resulting permanent damage from the results of the work related injury. The percent of disability is based on the whole person impairment given by the physician who evaluates you, per the AMA Guides.

As an injured employee what are my responsibilities?

• Notify supervisors of injuries or diseases.
• As soon as possible after the work related injury occurs, the employee should obtain necessary medical services.
• Cooperate with an IME with expense paid if workers compensation insurance wants you examined.

Who is responsible for benefit payments?

Employers are responsible for payment of benefits due under the Worker's Compensation Act. Usually, this liability is insured through worker's compensation insurance.

As an injured employee, what are my rights in Kentucky?

• Worker’s compensations insurance coverage.
• Receive temporary income benefits while recovering.
• Receive all necessary medical treatment.
• Select a physician to treat work related injury or illness without interference from your employer.
• Change the treating physician one time with no questions asked.
• Receive retraining if unable to return to suitable work.
• File a claim for permanent disability benefits within two years of the injury or the termination of temporary income benefits

Can I choose my own physician?

The injured employee has the right to choose the treating physician without interference from the employer. The designated physician is the primary treating physician and is responsible for referring the employee to additional providers as necessary. The employee has the one-time right to change the designated physician. Additional changes require permission from the employer or insurance carrier or the approval of an Administrative law judge.