Does Permanent Work Restriction Increase the Settlement of My Case?
When your doctor tells you that you have permanent work restrictions due to an occupational injury or illness, it can be emotionally overwhelming. However, this diagnosis may help increase the settlement value of your workers’ compensation case.
If you’re reading this article, you’ve been navigating the workers’ compensation claim process for some time. You already know how critical work restrictions are in securing and keeping wage loss benefits.
But now, for the first time, your doctor has declared that you have permanent work restrictions due to your work-related injury or illness. What does this mean for you and your case?
Understandably, no one wants to face permanent work restrictions. Most of the thousands of injured employees my law firm has helped would prefer to have their health restored and return to life as it was before the accident.
You probably feel the same.
But while it’s natural to feel frustrated and disappointed, this situation has a silver lining. A doctor’s declaration that you have permanent restrictions often prompts the insurer to offer to settle your claim. Further, these limitations on what you should do may increase the settlement value of a workers’ compensation case.
This article explains why.
Keep reading to learn why a doctor’s determination that you have permanent work restrictions is crucial in your case and how it can lead to a higher workers’ compensation settlement amount.
If you have questions or want to discuss your case with a top-rated workers’ compensation attorney, fill out the form or call (804) 251-1620. My law firm has a proven record of getting results for injured workers throughout Virginia.
What are Permanent Work Restrictions?
Permanent work restrictions refer to specific tasks, duties, or functions you should avoid permanently due to the lingering effects of a work-related injury or an occupational disease, even after receiving medical treatment and reaching maximum medical improvement (MMI).
We call these restrictions permanent because your doctor does not expect you to recover any further, even with continued treatment like pain management or palliative care.
Examples of Permanent Restrictions
Here are some examples of permanent work restrictions that injured employees have received in cases I resolved:
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- Limits on computer work (no more than two hours per day total) due to migraines from a head injury causing post-concussion syndrome
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- Prohibition from driving a commercial vehicle like an 18-wheeler
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- No lifting over 20 pounds (classified as light physical exertional level per the Dictionary of Occupational Titles)
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- Sedentary work only due to restrictions on standing and walking after a knee injury (e.g., torn meniscus resulting in a total knee replacement)
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- No overhead reaching due to a torn rotator cuff or biceps tendon
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- Restrictions from returning to the manufacturing environment where the injury occurred
As you can see, permanent restrictions can impact your ability to complete or sustain physical or mental tasks or even dictate environments where you can work.
What is the Purpose of Permanent Restrictions?
The primary purpose of permanent work restrictions is to keep you from performing tasks that could cause further injury or substantial harm. Your doctor gives these restrictions to protect your health and safety by keeping you from duties with a substantial risk of causing significant damage.
Who Decides My Permanent Work Restrictions?
Your treating physician is the one who determines what permanent restrictions you have after a job-related injury or occupational illness.
Some doctors are comfortable determining these limitations based on clinical examinations, objective findings (MRIs, CT scans, X-rays, neuropsychological evaluations, etc.), and your reported symptoms and difficulties completing daily living activities or job tasks.
Other doctors may refer you for a functional capacity evaluation (FCE) conducted by a different physician or a physical therapist to assess your tolerance and abilities.
Once your doctor reviews the FCE results, they will decide your permanent work restrictions. Generally, treating physicians adopt the FCE findings or add limitations.
Three Ways Permanent Restrictions Can Increase Your Workers’ Compensation Settlement
The day you receive permanent work restrictions marks a critical point in your workers’ compensation case. These restrictions can significantly affect the settlement value of your case in several ways:
1. Permanent Work Restrictions May Prevent You from Returning to Your Pre-Injury Job
Under workers’ compensation law, you can only receive wage loss benefits (temporary partial or temporary total disability) if you lose money because you are unable to return to your pre-injury job due to restrictions from the industrial injury or illness.
Permanent work restrictions preventing you from returning to your pre-injury employment help establish a connection (causation) between your lost wages and your disability from the work-related injury, thus making you eligible for wage loss benefits.
This eligibility can increase the potential value of your settlement.
Generally, the more physically demanding your pre-injury job, the more likely it is that permanent work restrictions will keep you from returning to that job.
For example, permanent restrictions are more likely to keep you from returning to physically demanding jobs, such as:
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- Construction worker (electrician, plumber, roofer, laborer, painter, welder, heavy machine operator, etc.)
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- Healthcare professional (nurse, home health aide, etc.)
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- Delivery driver for UPS or FedEx
Permanent restrictions may prevent you from returning to these roles because any limitation on your ability to lift, carry, push, pull, reach, handle, bend, squat, climb, sit, walk, stand, or drive, even a slight restriction, may require your employer to modify your typical job duties. And many employers will refuse to do so.
In contrast, if your job is less physically demanding, such as an office or administrative position, your employer may be more likely to accommodate your restrictions, and vocational rehabilitation efforts may be more successful.
For example, pre-injury employers are more likely to find a way to accommodate permanent restrictions if you work in professional services (accounting, human resources, IT, law, management) or administration. Or, even if your pre-injury employer does not accommodate your limitations, vocational rehabilitation paid for by the insurer has a higher chance of success.
In such cases, the effect of permanent restrictions on your settlement value might be less significant but still important.
2. Permanent Restrictions Can Make Finding New Employment More Difficult
The more restrictive your permanent limitations are, the harder it will be for you to find new employment that pays close to what you earned before the injury. In many cases, vocational rehabilitation may focus on low-paying, unskilled jobs that don’t match your pre-injury wages.
This can prolong your eligibility for wage loss benefits or increase your compensation rate for temporary partial disability benefits, further increasing the value of your claim.
3. Permanent Restrictions Often Lead to Higher Permanent Impairment Ratings
Permanent work restrictions often result in a higher permanent impairment rating, which entitles you to additional compensation for permanent partial disability (PPD) related to the injured body part.
An increased impairment rating can raise the baseline for your compensation, regardless of whether you can return to light-duty employment.
Can Permanent Restrictions Change?
Yes, permanent restrictions can change over time.
I’ve worked with many injured employees whose doctors modified permanent restrictions long after declaring the patient had reached MMI.
This typically occurs when further medical treatment or surgery is needed.
For example, I represented a nurse who injured her back while lifting a patient and underwent a discectomy. Her doctor put her at MMI a few months after that surgery and provided permanent work restrictions.
About one year later, however, the nurse’s back pain radiating into the leg returned, and her orthopedic surgeon performed a lumbar fusion. The nurse’s permanent restrictions from the spinal fusion placed additional limitations on her ability to work.
Possible changes to permanent restrictions can increase the potential value of your case.
We Can Help You Use Permanent Restrictions to Maximize Your Workers’ Compensation Settlement
A skilled attorney can help you work with your treating physician to ensure that your permanent work restrictions accurately reflect the limitations caused by your injury. With this information, your lawyer can negotiate with the insurer to secure a fair settlement that compensates you for the challenges you’ll face in finding new employment.
If you’re ready to resolve your workers’ compensation case, call us at (804) 251-1620 today.
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