The US Bureau of Labor Statistics conducted a survey sometime in 2019. At the end of the survey, they discovered shocking statistical figures. The results of the survey uncovered workplace injury rates of certain high-risk professions.
Among these professions are:
- Nursing assistants
- Truck drivers
- Construction workers
- Freight laborers
- Maintenance and repair workers
- Registered nurses
The above-mentioned list is just the tip of the iceberg. In Minnesota, the injury rates that occur as a result of work are well above the national average. Yearly, hundreds of injured employees make workers compensation claims for meeting accidents at work. If an accident in the workplace has happened to you or someone you know, you need to do the same.
A worker’s compensation claim requires proof of disability and the extent of the said disability. Issued by a physician, a permanency rating can help concerned parties determine compensation, benefits, access to QRCs, and other reparation measures.
A permanency rating (also known as a permanent partial disability rating) can determine the extent of your employer’s liability, as well as whether or not you can return. If you wish to learn more about what a permanency rating is, read on.
What Is a Permanent Partial Disability Rating?
First of all, it might be helpful to define what a workplace injury in Minnesota is. In legal parlance, an injury is defined as a total loss or reduction in any of the following:
- Gross motor skills (e.g., walking, running, moving the arms)
- Fine motor skills (e.g., using one’s fingers to operate a computer or machinery)
- Senses like sight, smell, touch, taste, and hearing
- Cognitive abilities as a result of head or spinal trauma
In Minnesota, an injury qualifies as a workplace injury if it takes place in one’s place of work. The specific injuries that are part of the state’s schedule of injuries are defined by the Minnesota Revisor of Status. The injury schedules are on the Revisor Of Statutes’ main site.
A permanency rating is a figure that indicates the severity of an injury. It determines the extent to which an injury causes permanent disability. It is expressed in percentage points, increasing with the severity of the injury.
The scores or percentages are based on the permanent disability rating chart. The higher the rating, the higher the severity of the injury. The correlation between injury and physical impairment is direct.
For example, if you injured your lower back lifting a 25 kg box, your permanency rating will be based on how bad the injury was. Hence, an inability to perform any task with your lower back as a result of the incident would yield a permanency rating of 100%.
This means that the injury is permanent after you have received medical and occupational care. A permanency rating is often derived after all medical and occupational care has been given to an employee.
In short, a permanency rating:
- Is a figure that indicates the severity of your injury
- Tells how recovered you are from your injury based on your original capability for a task
- Is expressed in percentage points
Who Can Issue a Permanency Rating?
In the state, physicians can issue a permanency rating. These physicians can belong to any practice of medicine. The important thing is that the injury is within the scope of their practice.
In Minnesota, there are laws about physicians who can issue permanency ratings. Physicians should be in good standing with the state medical board. The physician should also be familiar with the permanent partial disability chart. Knowledge of this coupled with medical assessment allows a physician in the state to assign the correct permanency rating.
Is a Permanency Rating Important?
Following medical care after your work-related incident, the physician assigned to your care and rehab issues a permanency rating. The permanency rating, or permanent partial disability rating, is crucial for you to receive the right benefits or compensation from your employer.
As mentioned earlier, the permanency rating indicates the severity of your injuries and how permanent the damage is. Expressed in percentage points, the rating can determine the amount of money you can receive as compensation.
Ratings can also correspond to the length of time you were unable to work. They can also indicate how long you may be unable to work after medical care.
The permanency rating is crucial to the calculation of your compensation and benefits. This along with other documents like the incident report and the QRC’s reports can strengthen your claim.
If you have had two rated body parts, your claim can be substantially larger. By Minnesota law, permanency ratings can strengthen a claim if the injury affected other seemingly unrelated body parts. If the injury affected your mental state, you can also stand to get a larger amount of compensation.
This is because, in Minnesota, workplace injuries cover both physical and mental injuries resulting from an incident in the workplace.
“What Do I Do If My Employer Refuses To Acknowledge My Permanency Rating?”
The refusal to acknowledge your permanency rating can lead to the following:
- You not receiving compensation
- You being assigned the same task that led to your injury
- At worst, being laid off
All of the above-mentioned are illegal by Minnesota labor laws. If you’re met with refusal when you make your claim, you need a personal injury lawyer to represent you. A personal injury lawyer can provide legal representation that can lead to the settlement of your claim.
Have You Been Injured at Work? Call Us Now at Osterbauer Law!
A permanency rating is a rating of physical impairment that is the result of your workplace injury. It can help determine the amount of compensation you can receive from your employer. The calculation of your compensation is based on the rating and the period you were unable to work.
Your employer needs to acknowledge your rating before he provides the right benefits due. If he or she refuses to do so, you will need a qualified personal injury lawyer in your corner.
If you have been injured at work and have just made a claim, call us now at Osterbauer Law. We can provide you with the representation required for the settlement of your worker’s compensation and personal injury claims.
Sources:
https://www.revisor.mn.gov/rules/5223/
https://workinjurysource.com/workplace-injury-statistics-2019/
https://osterbauerlawfirm.com/blog/what-is-a-permanent-disability-in-minnesota/
