Expert Opinion
Disability Assessment (Loss of Working Capacity)
Disability assessment in the context of compensation claims evaluates the permanent reduction in a person's working capacity following injury or illness. The central question is not merely "what is the rate?" but rather "which framework was applied, and how was the rate determined?"
What Is Assessed?
The assessment determines the extent to which permanent sequelae affect the individual's occupational earning capacity. The same permanent impairment may have very different functional consequences depending on the claimant's specific occupation. A fine motor deficit in the hand is career-ending for a surgeon but may have limited impact in other roles.
Disability vs. Impairment
Loss of working capacity evaluates how permanent sequelae affect the individual's ability to work and earn a living. Disability/impairment relates to functional limitations in daily life activities and social participation. Before discussing a "rate," it is essential to clarify which framework applies and for what purpose.
The most appropriate time for assessment is when the clinical picture has stabilized — when treatment is largely complete and findings are consistent across repeated examinations.
Why Do Rates Differ Across Reports?
- Timing: Assessment before sequelae have stabilized yields different results than post-stability assessment.
- Criteria applied: Some reports address temporary incapacity, others permanent sequelae.
- Assessment system: Different rating systems applied to the same clinical data produce different numerical results.
- Data set: One report may have limited records while another has rehabilitation data and late sequelae documentation.
Documents Typically Required
For preliminary assessment
Date of incident and chronology
Technical questions to be addressed
Existing disability or incapacity reports
Current examination findings and imaging (MRI/CT/EMG)
Operative notes, discharge summaries, rehabilitation records
Claimant's occupation and specific job requirements
Age at time of incident and at assessment
Pre-existing conditions and subsequent injuries, if any
Legal BasisHMK Art. 293 · CMK Art. 67/6 · CMK Art. 68/3