Did you get injured at work and need legal help? Read our 5 workers’ comp tips that may help your case, then contact our Buffalo attorneys.
1) Scheduled Loss
- Workers’ compensation contemplates two types of injuries – schedulable injuries and non-schedulable injuries. Schedulable injuries affect the toes, feet, legs, fingers, hands, arms, eyes and ears.
- When schedulable injuries improve as much as can be expected, they are said to have reached maximum medical improvement and we obtain opinions for the scheduled loss of use for that part of the body which corresponds to a dollar amount reduced by the weekly benefits or wages already paid and the remainder is paid to the injured employee as a scheduled loss award.
- Non-scheduled injuries are most often those occurring to the neck and the back – and there is no scheduled award for those injuries.
- Non-scheduled injuries also include head injuries, hernias, and certain diseases for which there are no scheduled loss awards.
2) Medical Bills
- Generally, the workers compensation carrier pays for all medical treatment related to injuries caused by a work-related accident or disease.
- The workers compensation board works through medical treatment guidelines that set forth covered treatments .
- If your doctor wants to prescribe treatment not addressed in those guidelines, he must apply for a variance to those guidelines using an MG-2 form which explains why the treatment is needed.
3) Attending Your Hearing
- When clients ask whether they need to attend hearings, we tell them that we prefer that our clients attend their hearings to see for themselves what the judge is considering when it comes to their claim.
- We also want them to observe the process first-hand.
- If you’re working or simply cannot go to the hearing, we will take care of it; however, in most cases, we would rather have you at the hearing.
This means that if you are found to be less than 100% Temporarily Totally (TT) disabled: by your own treating physician, by another physician (typically an IME), a Workers’ Compensation Law Judge (WCLJ) finds you are less than 100% disabled -even after litigation, or you agree to a finding of less than TT, you, the Claimant are OBLIGATED under the WC Law to remain attached to the labor market.
5) Settling Your Workers’ Compensation Claim
- Settling a workers compensation claim is very serious because you’re signing away your right to any future benefits or medical care. It is important to can understand that settling should not be taken lightly.
- Many people think they can put their medical treatment through on their own insurance but private health insurance policies contain an exclusion which precludes a health insurance carrier from paying for treatment for a work-related injury.
- You cannot assume that Medicare will pay for any treatment related to your injury. We are obligated to take some of the settlement funds from your workers compensation case and put them into a Medicare set-aside account from which you pay for treatment related to your workers compensation claim.
- Medicare set-aside accounts are used only for treatment that Medicare would otherwise cover themselves. Once we set up a valid Medicare set-aside, and after those funds are depleted, you can put your medical treatment through Medicare.
- Never agree to a settlement without having your workers compensation lawyer involved because too many problems can occur. A Section 32 settlement, requires you to sign many documents that may be reviewed in a hearing before a judge tasked with making sure you know what you are doing – and risking – by signing off on your case.
Did you or a loved one get seriously injured at work and have questions? Check out our 5 workers’ comp tips that may help your case for guidance. If you have questions about your work injury, contact us to schedule a consultation. Let our experience work for you.
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