You've been in treatment for your work injury for months. Your doctor says you've reached maximum medical improvement and the BWC assigns you a 10% impairment rating. But what does that number actually mean? How was it calculated? And most importantly, how will it affect the workers’ compensation benefits or settlement you receive?
Impairment ratings can feel like a mysterious formula that determines your financial future. Columbus workers' compensation lawyer Jim Monast helps you understand the impact of this system and know how to fight for the full compensation you deserve.
What Is an Impairment Rating in Ohio Workers' Compensation?
It’s a medical assessment that measures the permanent loss of function or ability caused by a work-related injury or illness. Think of it as a percentage that represents how much your injury has permanently affected your normal functionality. It can range from 0% to 99% (death would be 100%), but to explain the concept, let's assume a 10% impairment rating.
In workers’ comp cases, medical evaluations for permanent partial disability typically rely on examinations, diagnostic tests, objective measurements, and accepted rating methodology. Under the current practice of the Ohio Bureau of Workers’ Compensation (BWC), physicians performing impairment examinations must adhere to the approved AMA Guides to the Evaluation of Permanent Impairment to determine loss of function and convert their clinical findings into a percentage impairment of the whole person. Interestingly, the guides themselves indicate they aren't intended for this purpose, yet the state of Ohio, and many other states, use them anyway.
The percentage of permanent partial disability isn’t a fixed scale with preset descriptors. Instead, a 10% impairment rating is derived from medical evidence and then translated into benefit weeks and dollar amounts in accordance with the statute.
How Do Doctors Determine a 10% Impairment Rating?
The impairment rating process follows specific medical protocols. Your treating physician or an independent medical examiner evaluates your condition after you've reached maximum medical improvement—the point where your condition has stabilized and further significant improvement isn't expected.
For injuries involving the spine, joints, or limbs:
Doctors measure range of motion, strength, sensation, and functional abilities. For example, a worker who suffers a serious back injury like our friend and client, Charlie, might receive a 10% whole-person impairment rating (or more) if they have weakness, sensory loss, and documented limitations in bending, lifting, or prolonged sitting or standing.
For injuries affecting internal organs or body systems:
The evaluation considers how well the affected system functions. For instance, a respiratory illness might warrant a 10% rating if lung function tests show moderate permanent breathing limitations.
For psychiatric or neurological conditions:
These ratings are based on their impact on daily functioning, social interaction, concentration, and the ability to adapt to workplace demands. An employee who developed post-traumatic stress disorder after a workplace assault might receive a 10% impairment rating for psychological injury. This would be over and above any impairment rating for physical injuries.
The key factor is permanence. Temporary limitations from a workplace accident or illness don't count toward impairment ratings. A medical professional must find that your functional loss is unlikely to improve with additional treatment.
Possible Workplace Injuries and Illnesses That Might Require a 10% Impairment Rating
The BWC doesn’t have an official “menu” indicating which injuries typically receive a 10% impairment. However, over the nearly 4 decades that Monast Law Office has helped people just like you with workers' compensation claims, a 10% whole-person impairment is most likely to result from injuries that leave moderate, permanent functional deficits that are supported by objective medical findings.
We can’t stress enough that each case is unique, but here are a few examples of different injuries or conditions that might result in a 10% (or higher) rating:
- Spinal or nerve injuries, such as a herniated disc with residual nerve damage, motion loss, or structural changes.
- Joint or limb injuries needing surgery that still limit strength, range of motion, or stability.
- Respiratory impairment, such as occupational asthma, if definitive pulmonary tests show lasting limitation—though this is less commonly rated.
- Psychiatric or psychological injuries, like PTSD or depression, if clinical evaluation shows persistent functional impairment relating to concentration, emotional control, or social interaction.
Since there’s not a fixed rule for any given diagnosis, the 10% figure would stem from a medical examiner applying accepted impairment guidelines to translate the measurable functional deficits into a numerical percentage. (Again, remember that each case is different, and some of these injuries may result in a higher or lower impairment rating. We are using 10% as an example.)
How Your Impairment Rating Affects Benefits and What Monast Law Office Will Do to Help
Understanding how your 10% impairment rating translates into actual benefits allows you to make informed decisions about your claim. Here's what permanent impairment means for your workers' compensation case and when legal help becomes essential:
- Permanent partial disability payments. You may qualify for these benefits when your impairment affects your earning capacity, helping to reimburse for reduced wages or an inability to perform the same type of work. The impairment may also impact your activities of daily living.
- Scheduled loss awards. These compensate for permanent impairment for loss, or loss of use, of specific body parts, with your rating determining how many weeks of compensation you receive at your average weekly wage.
- Settlement negotiations. Your rating serves as a starting point for calculating lump-sum settlements. However, actual values also depend on factors such as your age, occupation, and future medical needs.
Your impairment rating represents permanent changes to your body and your life. At Monast Law Office, we protect your rights by reviewing medical records, consulting with independent medical experts when needed, and challenging unfairly low ratings. If the BWC denies your permanent partial disability benefits—or rates it ridiculously low, a common occurrence—we know how to present thorough evidence and argue for approval.