When you sustain a serious back injury or undergo back surgery, the road to recovery can be long and difficult. Unfortunately, many of these injuries lead to some degree of permanent partial impairment. This means that, despite your best efforts and the quality of medical treatment you receive, you might not fully recover. This can be incredibly frustrating because you naturally want to return to your normal life as quickly and completely as possible. However, the reality is that severe back injuries often leave lasting limitations or restrictions.
Permanent partial impairment due to back injury can manifest in various ways. For example, you might experience a reduced range of motion, making it difficult to move as freely as you once did. Lifting heavy objects might become more challenging or even impossible. Persistent pain can also contribute to a permanent impairment, making everyday activities harder to manage. These limitations can affect not only your physical abilities but also your quality of life. In this blog, we share what you need to know and how a workers’ comp attorney can help.
How Permanent Impairment Affects Daily Life
Imagine the things you do every day without thinking about it—simple tasks like bending down to pick something up, carrying groceries, or even sitting comfortably for an extended period. Now, think about how challenging these tasks become when your back doesn’t work the way it used to. It’s not just the pain or the physical limitations that are difficult; it’s the impact on your entire lifestyle.
You may find that hobbies and activities you once enjoyed are no longer possible. For example, if you were an avid golfer or loved playing with your kids in the park, a serious back injury can take those joys away. Even the routine act of getting dressed in the morning can become a painful chore. The frustration can build up as you realize that your life may never return to what it was before the injury.
Beyond physical activities, the mental and emotional toll of a permanent impairment can be high. You might feel isolated, especially if you’re no longer able to participate in social activities or work in the same capacity as before. This sense of isolation can lead to feelings of depression or anxiety, making it even harder to cope with your medical condition.
Post-Back Injury Work Challenges
If your back injury occurred at work, the challenges don’t stop at your personal life. Returning to work after a serious back injury can be difficult, and in some cases, it might not be possible to return to your previous job at all. Depending on the severity of your bodily impairment, you may need to switch to a different role or even change careers altogether.
This transition can be incredibly stressful. You’ve likely built your skills and experience in a particular field, and the idea of starting over can be overwhelming. Moreover, the financial implications can’t be ignored. If your new role pays less than your previous job, or if you’re unable to work full-time, the reduction in income can place a significant strain on your finances.
Fortunately, if your injury occurred at work, Georgia’s workers’ compensation law provides a safety net through Permanent Partial Disability (PPD) benefits. These weekly benefits are designed to compensate you for the long-term impact of your workplace injury, recognizing that your life has been altered in a significant way. However, understanding how these benefits work and how to navigate the system can be complex.
What Are Permanent Partial Disability (PPD) Benefits?
When you’ve been injured on the job and have a permanent impairment, PPD benefits are a crucial part of your recovery process. Under Georgia law, workers’ compensation is designed to provide financial support and cover medical expenses related to your injury until you reach medical improvement. PPD benefits specifically address the lasting impact of your injury, compensating you for the reduced ability to work and perform daily activities.
It’s important to note that PPD benefits are just one part of the workers’ compensation system. There are three primary types of workers’ comp benefits available:
- Wage Loss Benefits: These weekly benefits include Temporary Total Disability (TTD) and Temporary Partial Disability (TPD) benefits, which compensate you for lost weekly wages while you’re unable to work or can only work in a reduced capacity.
- Medical Benefits: Medical care benefits cover the cost of medical treatment and testing related to your injury with authorized medical providers, including doctor visits, surgeries, medications, and physical therapy.
- Permanent Partial Disability (PPD) Benefits: These weekly benefits are specifically for individuals who, like you, have sustained a permanent impairment due to a work-related injury.
While TTD and TPD compensation payments provide financial support during your recovery, permanent disability benefits come into play once your condition has stabilized. They are intended to compensate you for the long-term effects of your injury, acknowledging that your earning capacity and quality of life have been permanently affected. If you have questions, please speak to a workers’ comp lawyer.
Common Causes of Workplace Back Injuries
Back injuries can occur in many different ways, especially in the workplace. Some of the most common causes of workplace back injuries include:
- Vehicular Accidents: If you drive for work or are involved in an accident while on the job, a back injury is a common result. Whether it’s a collision or a sudden stop that jolts your body, the impact can cause significant damage to your spine.
- Slip and Falls: Slips, trips, and falls are among the most common workplace accidents. Whether you slip on a wet surface, trip over an obstacle, or fall from a height, the force of hitting the ground can result in serious and even permanent injuries.
- Lifting Injuries: Many jobs require heavy lifting, and even with proper technique, the strain on your back can lead to injury. Lifting injuries can range from muscle strains to more severe conditions like herniated discs.
- Crush Injuries: In industrial settings, workers may be at risk of being caught between heavy machinery or crushed by falling objects. These types of permanent injuries can cause severe damage to the spine and other parts of the body, leading to loss of function.
While some workplace back injuries, like sprains and strains, may heal without causing permanent impairment, more severe injuries often result in long-term consequences. These can include herniated discs, lumbar and thoracic fractures, and other serious spinal injuries. In many cases, these injuries may require surgery, and unfortunately, surgery often leads to some form of permanent impairment.
The Process of Determining Your Permanent Impairment
Once you’ve reached the point in your recovery where your condition has stabilized, your authorized treating physician will assess the extent of your permanent impairment and assign a Permanent Partial Disability rating. This impairment rating is a percentage that reflects the degree of your permanent disability, and it plays a critical role in determining the benefits you’ll receive.
In Georgia, doctors use a standardized guide to ensure that PPD ratings are consistent and objective. Specifically, they rely on the 5th edition of the American Medical Association’s Guides to the Evaluation of Permanent Impairment. This guide provides detailed instructions for evaluating different types of impairments, including back injuries.
For back injuries, the key chapter in the AMA Guides is Chapter 15, “The Spine.” Your doctor will use this chapter to determine your permanent impairment rating, which can be calculated using one of two methods: the Diagnosis-Related Estimates (DRE) Method or the Range-Of-Motion (ROM) Method. The choice of method depends on various factors, including the specifics of your injury. Sometimes, doctors use both methods and choose the higher rating to ensure you receive the maximum benefits.
The DRE method is more commonly used because it is generally simpler and less reliant on complex measurements. It categorizes spinal injuries into different levels based on the severity of the condition and the impact on your ability to function.
Understanding Your PPD Rating
You might be curious about what PPD rating you’ll receive for your back injury. The answer depends on the nature of your injury and the method your doctor uses to evaluate it. The Range of Motion (ROM) method is more complex and involves precise measurements, but doctors often prefer the DRE method, which provides a more straightforward approach.
The DRE method uses three tables to rate spinal injuries, each corresponding to a different section of your spine:
- Lumbar Spine (lower back)
- Thoracic Spine (middle and upper back)
- Cervical Spine (neck)
Each table is divided into five categories, ranging from Category I (0% impairment) to Category V (25-38% impairment, depending on the spinal section). The higher the category, the greater the permanent impairment and, consequently, the higher the permanent disability rating.
Your PPD rating plays a role in determining the amount and duration of your benefits. The higher your rating, the more compensation you’ll receive. It’s also important to note that PPD ratings can be assigned to different body parts, and this affects the amount of compensation you receive. For back injuries, the rating is usually applied to your “body as a whole,” which influences the number of weeks you receive benefits.
What to Expect After Receiving Your PPD Rating
Once your doctor assigns a PPD rating, the next step is to determine when you’ll start receiving benefits. This can depend on your current situation. If you’re still receiving Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) benefits, you may have to wait a bit before PPD benefit payments begin. However, if you’re not receiving other workers’ compensation weekly benefit payments, your PPD payments should start within about a month after your doctor provides the rating.
It’s essential to stay informed throughout this workers’ compensation process. Knowing what to expect can help you avoid unnecessary delays and ensure that you receive the benefits you’re entitled to. If you have any doubts or concerns, don’t hesitate to ask your doctor or consult with an attorney who specializes in workers’ compensation.
Handling the Legal Aspects of Workers’ Compensation
Dealing with a permanent impairment is challenging enough on its own, but navigating the workers’ compensation system can be even more difficult. Georgia’s workers’ compensation laws are designed to protect injured workers; but the process of filing a claim, receiving a PPD rating, and securing benefits can be complicated.
You might find that insurance companies are not always cooperative. They may challenge your PPD rating or delay compensation payments, leaving you in a difficult financial situation. This is why it’s often beneficial to consult with an experienced workers’ compensation attorney who can help you understand your rights and fight on your behalf.
An attorney can assist you in several ways:
- Ensuring Fair Compensation: Your attorney can review your PPD rating and benefits to ensure that you’re receiving the compensation you deserve. If there’s a discrepancy, they can challenge the rating or negotiate with the insurance company.
- Handling Disputes: If the insurance company disputes your compensation claim or delays payments, your attorney can take legal action to resolve the issue.
- Exploring Settlement Options: In some cases, it may be advantageous to settle your workers’ comp claim. Your attorney can help you evaluate whether an injury settlement is in your best interest and negotiate the terms on your behalf.
- Providing Peace of Mind: Perhaps most importantly, having an attorney by your side can give you peace of mind. You can focus on your recovery while your attorney handles the legal aspects of your case.
Take Control of Your Recovery With a Georgia Workers’ Compensation Lawyer
Dealing with a serious back injury and the resulting permanent impairment is undoubtedly challenging. However, understanding your rights and the resources available to you can make a big difference in your recovery process. By staying informed and seeking the support you need, you can navigate the workers’ compensation system more effectively and secure the benefits you’re entitled to.
If you want more detailed information about PPD benefits or workers’ compensation for back injuries, there are many resources available to help you. At Perkins Studdard, our experienced attorneys will listen to you and advocate for the benefits you need to obtain medical treatment and remain financially stable. Don’t hesitate to seek out the help you need—your health and well-being are worth it. For more information, call our legal team at 770-285-0819.
