Both words, impairment and disability, are terms of art. This means you have to look to how and where they are being used. Impairment for social security can be different than impairment for worker’s compensation. Impairment in one version of the AMA (American Medical Association) guides to the Evaluation of Permanent Injuries can be different than another edition.
An impairment is a decrease in anatomic health. It’s a fairly objective standard. Its analysis uses a norm and then asks, “how far is the patient from the norm?” Disability is a less objective standard. It refers to inability to perform a task. It looks at what a person can do and what the person needs to do. Two people can have the same impairment – yet one can be disabled and one can’t. Both people can have 100% loss of use of a finger and 10% loss of a hand. For a typist, the inability to use the finger/hand can mean he/she can’t do their job. For a lawyer, the loss of use of the finger/hand may be just a minor limitation.
For the 6th edition of the AMA Guidelines, these are the key definitions:
Impairment: A significant deviation, or loss of use of any body structure or body function in an individual with a health condition, disorder, or disease.
Disability: Activity limitations and/or participation restrictions in an individual with a health condition, disorder, or disease.
Impairment rating: A consensus-derived percentage estimate of loss of activity reflecting severity for a given health condition, and the degree of associated limitations in terms of activities of daily living (“ADL”).
Activities of daily living (ADL): These are the self-care actions one does to take care of themselves such as eating, bathing, dressing and general hygiene
An impairment does not equal a disability. Likewise, an impairment rating does not equal a permanent partial disability. A skilled workers’ compensation lawyer will work to fill in the gaps and show that an impairment and an impairment rating justify a finding a permanent partial disability.
Contact Workers’ Comp Lawyer Joe Miller
If you were injured at work, you need a skilled worker’s compensation lawyer who can navigate the complex medical and legal terminology. You need an attorney who will challenge the insurance company and make sure you’re injuries and disabilities are properly categorized. Please give us a call at Joe Miller Law at 888-694-1671 or contact us online for a free, no-obligation conversation about your claim.
