Permanent medical disability (PMD) is an expression of the extent of the consequences the injury has had for you. Permanent medical disability is determined once the injury has stabilised and reflects the permanent physical and/or psychological impairment caused by the injury or illness. This is determined using a disability assessment table. The medical disability forms the basis for the payment of compensation for permanent injury.
For example, if you have fallen several metres from scaffolding and landed on your head, you may suffer a permanent head injury such as impaired memory, concentration difficulties, fatigue, etc., depending on which parts of the brain have been injured. The permanent injuries you have sustained are assessed according to a disability assessment table. The result is a percentage known as permanent medical disability, often abbreviated to PMD.
What is the disability assessment table?
You can find the disability assessment table in the regulations regarding compensation for permanent injury. The regulations contain a table with approximately 200 different injuries, and this table is referred to as the disability assessment table. For all these injuries, a percentage or range is specified to indicate the extent of the various injuries. This percentage is referred to as permanent medical disability.
When is medical disability determined according to a disability assessment table?
The injury must be fully treated and stabilised before medical disability can be determined. This normally means that at least one year must have passed since the injury occurred before medical disability can be assessed. This means that any surgery, treatment, rehabilitation, training, etc. must have been completed. The point is that your condition should not worsen or improve significantly in the near future. The determination of medical disability should provide the most accurate percentage possible so that the settlement of your injury claim is also as accurate as possible.
Who determines medical disability?
Doctors have different specialisations within the medical fields. If you have suffered a head injury, it will usually be a neurologist who examines you and determines medical disability. If you have injured your neck (whiplash), it may be a specialist in physical medicine who determines medical disability.
How is medical disability determined according to a disability assessment table?
In cases of head injuries, several sections of the disability assessment table may apply depending on the injuries you have sustained. For example, if you suffer from impaired memory, fatigue, concentration difficulties, headaches, etc., this may be assessed under section 1.9.1 of the disability assessment table. More severe injuries are assessed under sections 1.9.2, 1.9.3 and 1.9.4. Whiplash injuries are regulated under sections 2.1.1 to 2.1.5 depending on severity.
Before the examination, the specialist will have received instructions to be used during the examination and in preparing the specialist report. The instructions explain what should be assessed and which questions should be answered. In addition, the specialist will have received relevant medical records. The specialist will ask you questions about the accident, the injuries you have sustained, how the injuries have developed, and how you function at work and in everyday life. The specialist examines you and prepares a specialist report assessing your injuries based on the sections of the disability assessment table applicable to your injury. The report states your medical disability percentage, the connection between the accident and your injuries, and how you function at work.
Why is the choice of specialist important when determining your medical disability?
Medical assessments are based on professional judgement. This means that different specialists may sometimes assess the same injury slightly differently. In some cases, the assessments may differ significantly. Some specialists collaborate with or work for various insurance companies. This is important to be aware of. It is also important to know whether a specialist frequently deviates from a “standard” assessment of the injury in one direction or the other.
At Advokatfirmaet Unneland AS, we have more than 30 years of experience handling compensation claims involving all types of injuries. We are therefore in the best position to help you choose the right specialist for your injury. The choice of specialist may have a major impact on your case. In some cases, choosing the wrong specialist may result in you not receiving compensation.
What is medical disability used for?
The percentage representing permanent medical disability is used to determine how much compensation for permanent injury you are entitled to receive. Read more: Compensation for permanent injury in occupational injury cases.
Does permanent medical disability indicate how much I can work?
Many people believe that medical disability, for example assessed at 15%, is the same as incapacity for work. In other words, that you are only 15% unable to work. This is not correct. Medical disability and incapacity for work are two completely different matters. You may become paralysed from the waist down and receive a 50% medical disability rating, while still being able to work 100% in an office job. The opposite may also apply. A pianist who injures their index finger (10% medical disability) may become 100% unable to work as a pianist.
Does permanent medical disability affect a disability benefit application with NAV?
Although there is no direct connection between medical disability and incapacity for work, a high medical disability rating will often imply a high degree of incapacity for work. A high medical disability rating reflects serious medical injuries that often make it difficult to work. Conversely, a low medical disability rating will normally indicate less severe injuries and therefore a lower degree of incapacity for work.
