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A doctor gives a medical assessment of injuries.doctors desk image by Keith Frith from Fotolia.com
Consider the doctor's final report. Once the injured worker is released by his doctor, the doctor or an independent examining doctor will assess the employee's permanent impairment. If there is a permanent disability, the doctor or doctors will assign restrictions and limitations and a percentage of anatomical impairment to the arm, leg, body as a whole, etc., whichever is applicable. - 2
Injuries affect individual workers differently.construction,worker, image by Greg Pickens from Fotolia.com
Take into consideration the employee's education, training and work background. Obviously, a permanent injury will affect each person differently. An accountant may have no restrictions that affect his working ability, while an injured roofer with limited education could have a major loss in his ability to work with the same injury. - 3
Worker's compensation laws exist in all 50 states.books on a table. image by Petr Gnuskin from Fotolia.com
Review the particular state's worker's compensation laws. Each state specifies a maximum and minimum award for a permanent impairment. The award is based upon the employee's past wages, and the statutes outline the awards to be given for specific impairments. - 4
Assessments are made of workers' lost earning capacity.dollar signs in test tube image by Steve Johnson from Fotolia.com
Get a vocational assessment. There are experts who will consider the doctor's restrictions, then consider the employee's age, education and work experience. An assessment will then be made as to the employee's lost earning capacity in the locale in which he resides. - 5
A judge or commission must approve the settlement.gavel image by Cora Reed from Fotolia.com
Get final approval by a judge or the worker's compensation commission, as required by most states. For the settlement to be final, an independent authority has to make sure the settlement is in the employee's best interest.