The Difference Between a Permanent Partial Disability Rating and Actual Future Damages in Injury Cases

Not all injuries sustained after an accident heal completely. When your injuries lead to permanent impairment in a Washington workers’ compensation claim, you may need to undergo an impairment evaluation. This evaluation, which is carried out by a qualified provider, will provide a permanent partial disability (PPD) rating. This rating can play a significant role in your PPD award.

If you have already undergone a disability evaluation and need help with your next steps, consult our personal injury lawyers in Washington state. At Smith McBroom Injury and Accident Lawyers, our catastrophic injury lawyers can assist you if you need a second opinion. We can also help you obtain another medical opinion, determine the financial implications of your new situation, ascertain the value of actual future damages, and pursue adequate compensation.

Permanent partial disability rating vs. actual future damages

A permanent partial disability rating is a measure of the loss of bodily function that an accident victim suffers. This may be expressed as a percentage or category, depending on the applicable rating system, and is awarded only after a patient has reached maximum medical improvement (MMI)—when further significant improvement in their condition is not expected.

For instance, if your PPD rating is 30 percent, it means that your permanent impairment is 30 percent under the applicable rating system. Actual future damages are the total monetary value of future losses that you may have to deal with due to your disability.

This includes how much you will spend on future treatment, rehabilitation, lost opportunities, diminished earning capacity, lifetime pain, and care. Your lawyer may need to hire financial advisors and life care planners to estimate a dollar amount that you can then use as the basis for your injury claim.

Does a permanent disability rating determine future damages?

In Washington state, this depends on the cause of the injury. Under RCW 51.32.080(opens in new tab), if you were injured at work and qualify for PPD benefits, you may receive a PPD award based on established calculations.

The PPD award is generally paid by L&I or a self-insured employer when your claim closes. For small amounts, this can be a one-time award based on preset calculations. If the payment is large, L&I can make an initial down payment and subsequent monthly payments until the final amount is paid off. Receiving this PPD award generally ends medical benefits and wage replacement.

However, if a third party, such as a motorist, hurt you, you may be eligible to receive future damages based on evidence of your permanent impairment and other factors. Insurance providers often consider the degree of disability in personal injury claims. Essentially, a permanent disability rating in Washington state can help shape the settlement amount, with higher ratings potentially translating into larger compensation.

PPD ratings and compensation for future losses are complex. You need an experienced Washington personal injury lawyer to explain how it works and outline your options.

What is required to determine future damages accurately?

How much money an injured victim would require to cover their treatments and other losses often depends on the following:

• Expert witness testimony and projections
• Future treatment and medical expenses
• Lifetime care
• Additional home care or lifestyle costs
• Life expectancy
• Lost future income
• Reduced earning capacity
• Inflationary adjustments
• Future pain and suffering

To figure these out, you will need the expertise of medical, financial, and other professionals who understand how to assign a dollar value to your future losses. An experienced Washington personal injury lawyer from Smith McBroom Injury and Accident Lawyers can handle this on your behalf.

Should you hurry the permanent disability claim process?

No, you should not rush to close your claim before your condition has reached maximum medical improvement, although you should act promptly if L&I or a self-insurer issues an order you disagree with. While you may need the money to pay off debts or settle outstanding bills, you want to make sure you get every cent you need both now and later on. Unfortunately, some functional limitations are not obvious immediately after an accident and only become clear with time. This means you may miss out on compensation for that condition.

Additionally, rushing through the disability claims process increases your chances of mistakes in your applications, filling out forms incorrectly, inaccurate form submissions, missing medical records, and other errors that can delay your compensation or even lead to denials.

Even a single error in the claims filing can cause delays or lead to an appeal. You do not want this. You want to make sure your immediate and future damages are handled. For a general negligence personal injury lawsuit — not an L&I workers’ compensation claim — Washington generally has a three-year filing deadline under RCW 4.16.080(opens in new tab).

Can a pre-existing condition affect your claim?

It depends. If the pre-existing health problem is the basis for the claim, receiving compensation may be quite difficult. However, if the accident worsened an already existing condition, your injury attorney may still seek damages if they can prove the aggravation.

In fact, insurers often consider pre-existing medical issues when assessing cases involving possible future damages, and can use it as an excuse to deny your claim. An experienced Washington personal injury attorney can often fight this and provide competent legal representation that will challenge the insurance company’s reasons for a possible claims denial.

Get legal help from an experienced Washington personal injury lawyer

A permanent disability rating measures your permanent loss of bodily function. As such, it can play a contributory role in helping you secure future damages. However, the process can be exhausting, even for the most patient individual. Insurance providers tend to dispute claims involving future damages because they can be quite significant.

However, at Smith McBroom Injury and Accident Lawyers, our experienced Washington personal injury lawyers can help you navigate these tough issues, negotiate your settlement, and represent your interests. You are already dealing with a lot. Let us help make it easier by handling the compensation claim while you focus on your recovery.

Contact us today to schedule a free case evaluation.