Maximum Medical Improvement & Workers' Compensation At Strong Law Offices, we represent employees in workers' comp claims for workplace injuries...
What Happens After MMI in Workers’ Comp?
You’ve reached the end of your treatment. It was a long road to get there, but you have fought through the surgery, physical therapy, and all the doctor visits. Now, you find out though that despite all your efforts and those of the doctors you aren’t the same as you were before.
The doctor has now released you from care and placed you at what they call MMI, which is short for Maximum Medical Improvement. But you can’t go back to your old job. They either can’t or won’t accommodate the limitations you have.
MMI in Workers' Comp
First off, it is important to make sure the doctor has formalized those restrictions in writing. After that, you have to decide what to do next. Under Illinois law, your entitlement to TTD, Temporary Total Disability benefits ends when you reach MMI (check the article on maximum medical improvement).
You are now left, injured, without pay, and in need of a job. You can demand vocational rehabilitation from your employer and their work comp insurance but they may not agree to that. Just like your recovery, much of this will depend upon you fighting through.
There is good news though. You may be eligible for what is known as Maintenance benefits. These are a continuation of your TTD benefits. However, more and more often, employers require that you perform a job search in order to be eligible for maintenance benefits.
This isn’t as simple as just filling out some applications online. Illinois courts have found that you must prove your job search was both diligent, ie… you are looking hard enough, and appropriate ie… you are looking for the correct types of jobs. This can definitely be harder than it sounds.
Working out a plan for what jobs you can apply for, making sure that you have an updated resume, and ensuring proper follow-up with potential employers is all minimum standards. If this sounds like work, that’s because it is. In this scenario, finding a job can become more work than just having a job and certainly more stressful. But you will need to think of searching for a job as though it were now your job.
You will of course also have to provide solid documentation. Keep logs of all the W’s. When, where, who, and what you applied for. Document the methods you used to apply and keep records of e-mails or any written correspondence. If you fill out a physical application, make sure to get a copy of it for yourself.
Once again, at this stage, your fate is in your own hands. If you have questions, a competent work comp attorney can assist you, but you will have to put in the work. Failure to do this could end up costing you the chance to win a wage differential claim and could lead to the loss of years of benefits.
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