In Maryland, most employees are protected by workers’ compensation insurance, which provides benefits for medical care and lost wages. Certain job-related injuries may lead to permanent work restrictions. Understanding how work restrictions impact your workers’ compensation claim can help you protect your rights after a workplace accident.
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What Are Permanent Work Restrictions in a Workers’ Compensation Claim?
When you are injured on the job, your doctor might issue work restrictions. You may be prevented from working during your recovery depending on the restrictions and your job duties.
When you complete medical treatment, your doctor will evaluate your condition to determine if you sustained permanent impairments. If so, you may be facing work restrictions.
A permanent work restriction limits a person’s ability to perform various tasks, including:
- Prolonged sitting or standing
- Using specific body parts
- Carrying, lifting, pulling, or pushing objects
- Reaching, climbing, stooping, or performing other physical tasks
- Concentrating for long periods of time
- Performing repetitive motions
- Exposure to specific environments, such as extreme heat or cold
The severity of your impairment dictates the extent of your permanent work restrictions. Some employees might have minor restrictions that do not impact their ability to perform their jobs. Other restrictions may prevent a worker from performing their old job and/or other jobs.
Determining Permanent Work Restrictions for a Workers’ Compensation Claim
Your treating physician should issue a report detailing your recovery. The report will include information regarding whether you sustained a permanent impairment and if that impairment prevents you from performing specific tasks.
Your doctor may order a functional capacity evaluation (FCE) to determine permanent work restrictions. In some cases, the workers’ compensation insurance company or your employer may request an FCE when you notify them of permanent work restrictions.
An FCE is a comprehensive evaluation of an individual’s ability to perform physical tasks. FCEs are performed by physicians, physical therapists, occupational therapists, and other certified healthcare professionals. During the evaluation, you will be asked to perform various physical tasks to evaluate your:
- Range of motion
- Pain levels
- Ability to perform fine and gross motor skills
- Symptom validity tests
- Ability to walk, stand, and sit
- Physical strength
- Level of fatigue
- Postural intolerances
- Ability to push, lift, and carry weight
- Balance
The tests may last a few hours or a few days, depending on your condition. Once the FCE is complete, the evaluator will prepare a report that explains the results. The report may include:
- A discussion about whether additional medical treatment would be beneficial
- A description of permanent work restrictions caused by your injuries
- How the permanent work restrictions impact your ability to perform specific tasks
- Whether your permanent work restrictions impact your job duties
The type of permanent work restrictions and the severity of the restrictions determine whether you can return to your job. They also significantly impact the outcome of a workers’ compensation case.
How Could Permanent Work Restrictions Affect My Maryland Workers’ Compensation Case?
Employers are required to provide reasonable accommodations for qualified individuals under the Americans with Disabilities Act (ADA) and the Maryland Fair Employment Practices Act. However, an employer is not required to provide accommodations that would cause them undue hardship or create a job to specifically address a worker’s permanent work restrictions.
The workers’ compensation benefits you may receive for a permanent impairment depend on your level of impairment. If your permanent work restrictions prevent you from performing any type of work, you might be entitled to permanent total disability (PTD) benefits.
PTD benefits are paid for life or until you are no longer totally disabled. The amount equals two-thirds of the worker’s average weekly wages before the workplace accident. However, the amount cannot exceed the State average weekly wages.
If your permanent work restrictions do not result in total disability, you might receive permanent partial disability (PPD) benefits. PPD benefits are based on your impairment rating and the body part or parts impacted by the impairment. Benefits stop once you have received compensation for the number of weeks assigned to your disability.
Settling a Workers’ Compensation Claim for Permanent Disability Benefits
Workers’ compensation cases for permanent disability benefits can be complicated. Insurance companies and employers often fight claims for permanent disability. They may require the worker to undergo an independent medical examination (IME) to confirm the disability. Even with an IME, the company may dispute your claim.
An attorney can help you gather evidence supporting your claim. They can appeal the denial and file a lawsuit when necessary.
Schedule a Free Consultation With Our Baltimore Workers’ Compensation Lawyers
Working with an experienced Baltimore workers’ compensation lawyer is the best way to protect your rights. Contact WGK Personal Injury Lawyers at (410) 837-2144 for a free consultation with an attorney to discuss your workers’ comp claim.
