Impairment Income Benefits (IIBs) [Sections 408.121 - 408.129, Rules 130.1 - 130.12]
You may be entitled to Impairment Income Benefits (IIBs) if you have a permanent impairment from a work-related injury or illness. Generally, Maximum Medical Improvement (MMI) is reached when you are as well as you are going to be from the work-related injury or illness. This does not mean that you will not need to follow up care with your health care provider, be completely pain free, or that you are released to return to work. When the health care provider determines you have reached MMI, the health care provider will determine if there is any permanent physical damage. The health care provider will assign an impairment rating (IR) using the 4th Edition of the American Medical Associations (AMA) Guides to the Evaluation of Permanent Impairment. The impairment rating describes the degree of permanent damage to your body as a whole.
If the injured employee has not previously reached maximum medical improvement, the workers' compensation law establishes MMI at 104 weeks. A doctor that is certified by the Division to do IR examinations must make an assessment of permanent impairment on whether the work-related injury or illness has been resolved or not. If an IR has not been assigned before the 104-week date when your temporary income benefits (TIBs) end, you may not receive IIBs until a doctor assigns an IR. TIBs can no longer be paid after 104 weeks (or maximum medical improvement). Your impairment rating determines whether you are eligible for IIBs. Three (3) weeks of IIBs are paid for each percentage of impairment.
For example, if you receive a 10 percent IR, you will receive 30 weeks of IIBs because 3 weeks of IIBs are paid for each percentage of impairment (10 x 3 = 30 weeks of IIBs).
Amount of Impairment Income Benefits
Impairment Income Benefits equal 70 percent of your average weekly wage (AWW). There is a state maximum for impairment income benefits just as there is for TIBs. The maximum for IIBs is 70 percent of the state AWW.
For example, if the state average weekly wage were $539, the maximum IIB rate would be $377.
Average weekly wage $539
70 percent of $539 = $377
If your average weekly wage were $500, your IIB rate would be $350.
Average weekly wage $500
70 percent of $500 = $350
If your average weekly wage is higher than the state average weekly wage ($539), such as $634.36, you will not receive 70 percent of $634.36, you will receive $377 per week, the maximum IIB rate allowed by law.
Average weekly wage $634.36
70 percent of $634.36 = $444.05 ($377 maximum limit for IIBs)