Workers Comp and MMI – Don’t Make These Mistakes

December 12, 2025 | Workers' compensation

If you are handling a workers compensation claim, there comes a point that will change the trajectory of your case: Maximum Medical Improvement, or MMI. This is the moment when your medical providers say you have plateaued and are not expected to get any better with additional treatment. That sounds simple, but it is the most dangerous and misunderstood stage of a comp case. Get it wrong and you can lose benefits, reduce your final settlement, or even see your weekly checks suspended.

What MMI actually is – MMI means Maximum Medical Improvement. It does not mean you are 100 percent healed. It means your treating physician believes you have reached a medical plateau — your condition is not expected to materially improve with additional treatment.

Schedule injuries vs non-schedulable injuries:

• Schedule loss of use (schedulable) injuries: These are body parts listed in a statutory schedule: arms, legs, hands, feet, fingers, toes. Hearing and vision can be part of the schedule too. Compensation for schedule losses is determined using statutory weeks for each body part and your pre-injury wage.
• Non-schedulable injuries: These are typically head, neck, back, chest and internal injuries. Most back and neck injuries fall into this category. Compensation is based on your level of disability, loss of wage-earning capacity, and length of lost time.

If you have injuries in both categories, the way you approach MMI and settlement strategy needs careful thought. That is why having someone who understands these distinctions is more than helpful — it is essential.

6 MMI mistakes to watch out for:

1. Assuming benefits will continue automatically after MMI

Many people think: I have been getting weekly checks through the treatment period — I will automatically continue to get paid now that I am at MMI. That assumption is wrong.

2. Ignoring or failing to challenge the insurance company IME report

The insurance company will almost always send you to its doctor for an Independent Medical Examination. That doctor will send a report to the Board and usually conclude you are at MMI or have less impairment than your treating physician claims.

3. Failing to show labor market attachment after MMI

This is the single biggest danger for many injured workers. When a permanency rating says you can do medium, light or even sedentary work, the law may require you to search for suitable work. If a judge finds you did not make a genuine work search, benefits can be suspended until you reattach to the labor market.

4. Settling at the wrong time

Timing matters in settlements. The best time to negotiate is often right as MMI is approaching but before a judge locks in a permanency rating. If you wait too long you may reduce your final liability because the insurer can take credit for weeks already paid under certain rules.

5. Accepting a lump sum settlement without a long-term plan

If you accept a lump sum and close your case, it’s forever. It can be tempting, but it is permanent.  If you need future medical care (maintenance chiropractic, MRIs, additional surgery) you will be on the hook personally for the cost unless you have set aside money for future medical in the settlement

6. Not keeping records during and after MMI

Documentation is everything. When your benefits or permanency are in question, your records are your case. That includes medical reports, IME reports, decisions, letters from the Board, and all your job search documentation.

MMI is the beginning of the end. It is the start of determining permanent disability. The system gets less forgiving after MMI, and insurance companies know how to use it to their advantage.

Conclusion

MMI is a turning point, not a conclusion. It brings paperwork, timelines, IMEs, the possibility of a work search, and strategic settlement decisions. The wrong moves at this stage cost injured workers thousands or tens of thousands of dollars in benefits and settlement value.

Be proactive: keep records, meet deadlines, challenge unfavorable IMEs, document any work search, and consult an attorney experienced in workers compensation. Your future medical needs, weekly checks and the size of any settlement depend on handling MMI properly.

If you are approaching MMI or have just received a permanency notice, do not wait. Schedule your permanency appointment, get your documentation in order and seek advice from someone who works in workers compensation every day. You deserve to understand your rights and to protect them.