If you’re getting close to MMI—or just want to stay ahead of the game—what I'm about to share with you will help you steer clear of expensive mistakes and hang onto the benefits you’ve worked hard for. Let's dive in!
MMI stands for Maximum Medical Improvement, which basically means your doctor believes you’ve gotten as good as you’re going to get. You might still be in pain or have limitations, but there’s no more treatment expected to make a big difference.
It’s a big deal in your workers’ comp case because this is when temporary benefits usually start to wind down and the focus shifts to permanent disability—how your injury affects your ability to work and what kind of compensation you’ll get going forward.
MMI is kind of like the system’s way of saying, “This is your new normal,” and putting a value on how your injury will impact your life long-term. That value—your disability rating—directly affects how much you’ll get paid, for how long, and whether it’s time to think about settling your case.
Assuming your benefits continue automatically after you reach Maximum Medical Improvement (MMI).
A lot of people think that once they hit MMI, their checks will just keep coming—or even go up. But that’s not how it works. Once you're at MMI, temporary benefits usually stop, and you won’t get permanent ones unless:
If you don’t handle this part right, you could end up with no money coming in, even if you're still seriously hurt.
Ignoring the insurance company’s MMI report.
The insurance company will usually send you to their doctor for an IME, and that doctor might say you’ve hit MMI—even if yours hasn’t.
Once that report’s in, the Board gives you a deadline (usually 30–90 days) to get your own doctor’s report in. If you miss it, you could be stuck with the insurance company’s version, which might rate your disability lower than it really is.
That means less money, shorter benefits, and way less room to push back.
Waiting too long to get your own MMI report after the insurance company files theirs.
A lot of people wait too long after getting the notice to file their permanency report. They think, “I’ll deal with it next week,” but the clock’s already ticking.
Doctors are slammed, and reports take time. If you wait, you could miss the deadline—and then the insurance company’s report becomes the one that counts.
Bottom line: don’t wait—call your doctor right away and lock in that appointment.
Not proving you're attached to the labor market after MMI.
If you’re found partially disabled after MMI, you’re expected to look for work that fits your limitations—even if you’re still in pain. If you can’t show you’re actually trying, the insurance company can try to cut off your checks.
You’ll need to:
If the judge thinks you’re not putting in real effort, your benefits can stop cold. This is one of the fastest ways people lose their payments.
Settling your case at the wrong time.
Some folks settle too early—before they really know how bad the injury is or what kind of care they’ll need long-term. That can cost you in both cash and coverage.
Others wait too long, and by then, the insurance company’s already paid out a bunch of weekly checks that get credited against your settlement, shrinking your final payout.
The best time to settle is usually right after MMI, but before a judge gives you a set rating. That’s when there’s still room to negotiate a better deal.
Bottom line: settle too early or too late, and you could lose out. Talk it through with your doctor and lawyer first.
Settling with a Section 32 and no plan for the future.
A Section 32 usually shuts your case down for good—including medical coverage. That lump sum might look great now, but if you need care later (like surgery or therapy), you’ll be footing the bill.
Before you sign anything:
Bottom line: don’t grab the check and bounce unless you’ve really thought it through. That money can go fast if you’re not ready.
Not keeping track of your paperwork after MMI.
Once you hit MMI, your case turns into a paperwork game. If you’re not staying organized, it’s easy to lose stuff that can seriously mess things up.
Hang onto:
This stuff is your proof. If there’s a dispute and you’ve got nothing to show, you’re in trouble.
So grab a folder, a box, a tote—whatever works—and keep it all in one place. It’ll save you big headaches later.
If you want to chat, just give me, Rex Zachofsky, a call at 212-406-8989. I’ve helped thousands of injured workers through the workers' comp system, and I’d be glad to help you too.
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