Yes, a Qualified Medical Examiner (QME) will play a vital role in determining your disability rating after you’ve suffered an injury. A QME is a physician who evaluates you when questions arise about what medical benefits you are eligible to receive. Based on a QME’s evaluation, you will be assigned a percentage of permanent disability. Their rating takes into consideration the extent of your impairment, functional limitations, and the impact on your ability to perform your regular job duties and daily functions.
What is a QME?
A QME is a physician who must meet educational and licensing requirements to qualify as a QME. Physicians seeking to become a QME must also pass a test and participate in ongoing education to the workers’ compensation and personal injury legal process. The primary role of a QME is to provide an impartial evaluation of your medical condition and disability status.
It is important to remember that a QME is not the same as a Defensive Medical Examiner (DME). A DME’s allegiance typically lies with the insurance company, the defense attorney, or your employer. A DME’s services are often retained by the insurance company and used to minimize your injuries. If you feel your injuries might be misrepresented by a QME or DME, then you can have an attorney present with you during the examination to ensure you receive a fair diagnosis.
How is a Disability Rating Determined?
A disability rating will determine permanent disability based on a medical evaluation of an injured person’s physical and mental impairment. Disability rating determinations are used by:
- Workers’ compensation administrations
- Injured workers
- Personal injury lawsuits
- Insurance claims
A disability rating can be given in the following scenarios:
- At the request of a workers’ compensation judge
- By request of an attorney or DWC information and assistance officer
- At the request of a claims administrator or injured worker for non-litigated cases
Your disability rating will reflect your percentage of disability. The permanent disability rating is determined by several factors, which include:
- Medical evaluation: an agreed-upon medical evaluator (AME) or a QME will provide a medical assessment of the disability.
- Impairment guides: an evaluation of a disability uses the American Medical Association Guides to the Evaluation of Permanent Impairment.
- Work restrictions: an injured employee’s limitations and restrictions.
- Age and occupation: the age and occupation will be taken into consideration, especially when a person’s line of work is no longer possible due to their disability.
Can a Lawyer Help With a QME?
Navigating the complexities of personal injury and workers’ compensation law can be exceptionally daunting without proper legal representation. At Maison Law, we specialize in disability cases across California, providing expert analysis and legal support to ensure our clients receive the compensation they need.
Our team of attorneys at Maison Law understands the importance of getting clients a fair disability rating from the QME evaluations and will work tirelessly to protect the rights of those suffering from injuries. Contact Maison Law today for a free consultation and case evaluation. There are no upfront charges or hidden fees for our services as you will only be charged if we win your case.
