Tennessee Worker's Compensation - Help For Injured Tennessee Workers

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  1. #1
    Join Date
    Sep 2008
    Posts
    66

    Angry 5% Impairment Rating

    is a 5% immpariment rating a good or a bad thing.is this 5 out of ten or 5 out of 100.is this rating like a disability rating.i'm mad and lost i need advise

  2. #2
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: 5% Immpariment Rating

    percentage is 5 out of 100.
    close. impaiment rating is modified before beoming a disability rating
    you can find our more here
    http://www.state.tn.us/labor-wfd/wcfaq.html

  3. #3
    Join Date
    Sep 2008
    Posts
    66

    Default Re: 5% Immpariment Rating

    so is 5% good considering two bulging disc

  4. #4
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: 5% Immpariment Rating

    Good is a relative term.
    0 means you had relatively full recovery with little or no residule affects-comparatively speaking.
    5% means you are a lot better off physically then many others who've ended up with substantial functional problems.
    and whole lot better then the 100% ers who'll never work another day in their life and are functionally unemployable in any capacity.

  5. #5
    Join Date
    Feb 2007
    Location
    Calif
    Posts
    18,011

    Default Re: 5% Immpariment Rating

    so is 5% good considering two bulging disc
    That really depends on what reasoning you are placing on the rating...

    A 5% PD rating would be considered 'good' in that there isn't really all that ''wrong'' with your back/condition...and the treatment may be minimal and/or non invasive as would some other injuries.

    All people suffer injuries differently... 5% PD to your injury may be minimal, where some other EE/IW a 5% PD rating could be severy limiting to their capacity, and ability to compete in the open labor market.

    If you are concerned with a 5% rating based on the severity of your injury and the potential value of a settlement... that would be another story.
    At any rate, you should get to know about your injury and the treatment plans available..
    Bulging discs are not uncommon, and frequently are displayed on MRIs as an abnormality for both young and older adults. Bulging most likely happens as the body ages and degeneration of the intervertebral disc occurs. A bulging disc is formed when the soft, spongy center of the disc, the nucleus pulposus, pushes out and places pressure on the outer surrounding fibrous ligament, the annulus fibrosis that contains the center. A bulging disc can be problematic when the protrusion against the annulus enters into the space of the spinal canal.http://www.laserspinehealth.com/bulg...0disks%20spine
    TN uses an MIR/Medical Impairment Rating process...and you can find information on this here...http://www.state.tn.us/labor-wfd/lsques.html#B
    What is the purpose of the MIR Registry?

    The sole purpose of the Medical Impairment Rating (MIR) Registry is to establish a resource to resolve disputes as to the degree of permanent medical impairment ratings given for injuries or occupational diseases to which the Tennessee Workers’ Compensation Act is applicable. A dispute is recognized whenever at least two different physicians have issued differing permanent medical impairment ratings and the parties disagree as to those ratings; or whenever a physician has issued an opinion that no permanent medical impairment exists, yet the physician has issued permanent physical restrictions to the injured employee. Registry physicians agree to provide evaluations in a manner consistent with the standard of care in their community and in compliance with the MIR Program Rules.
    Who to contact for help?
    Tennessee Department of Labor and Workforce Development, Workers Compensation Division
    Jeff Francis - MIR Program Coordinator
    710 James Robertson Parkway
    Nashville, TN 37243
    Phone: (615) 253-1613
    Fax: (615) 253-5263
    b.jeff.francis@state.tn.us



    If you have problems with any part of your claim, the state has a benefit review system that assists employees, employers, and insurance carriers with resolving disputes with workers' compensation claims. The Tennessee Department of Labor and Workforce Development's Workers' Compensation Division can be contacted at 1-800-332-COMP (2667) (TDD) or 615-532-4812.

    How is a settlement determined?
    A settlement is appropriate when, after an injured employee reached maximum medical improvement, the employee retains a disability resulting from the work-related injury. The employee’s treating physician will determine in writing a percentage of Impairment and state the part of the body affected. This is called an “impairment rating.” There are many variables in the computation of a rating but the percentage will be based on standard criteria used by all physicians to determine the percentage of impairment retained. A Workers' Compensation Specialist can assist in figuring an appropriate range of settlement for vocational disability, however, the Specialist will need to know the exact wording the doctor used when giving the rating, percentage of Impairment the treating physician assigned, which body part was injured, and Employee's weekly compensation rate.

  6. #6
    Join Date
    Sep 2008
    Posts
    66

    Default Re: 5% Immpariment Rating

    is pain and suffering included in the settlement.i was hoping to get 15k or more is that likely.thats note much considering if i go on with hard labor i could very well end up with ruptured disc's.who determines the disability rating how is that number calculated.
    Last edited by bad back; 11-14-2008 at 04:51 PM.

  7. #7
    Join Date
    Oct 2006
    Posts
    9,108

    Default Re: 5% Immpariment Rating

    no tennessee uses the AMA guides which measure functional loss; pain and suffering is not rated. your state work comp board assigns a disability amount once the doctor submits an impairment rating.

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