Workers Compensation
Workers compensation claims are usually based on the impairment rating assigned by the treating physician or an independent examiner.
Not every work injury will result in a permanent impairment. Permanent impairment ratings are based on the anatomical change to the body caused by the injury. If your body heals completely without permanent change, then you may not receive an impairment rating.
In your workers compensation claim, you are entitled to receive payment for travel to and from your doctor appointments if the distance you must travel exceeds fifteen miles each way. We assist our client in making claims for these amounts by forwarding the travel information to the workers compensation adjuster.
Workers’ compensation law requires employers to provide medical treatment for injuries incurred on the job regardless of whose fault the injury is. As a trade-off, the injured employee loses the right to sue for pain and suffering, if the injury is compensable under workers compensation. This is known as the “exclusive remedy” provision. You should be given a list of three doctors to choose one for treatment.
If you miss more than 7 days of work, you are eligible to receive payment for your lost time from work at the rate of two-thirds of your 52-week average weekly wage. This is known as your TTD rate. You are paid for the first 7 days after you miss 14 days. TTD amounts are capped for high income employees. We frequently assist our clients when they are having problems receiving their TTD checks.
When you are released by the treating doctor, you are at Maximum Medical Improvemen (MMI). At that time the doctor will assess the anatomical change to your body caused by the injury and assign you an Impairment Rating. You have the right to have your own doctor assign an impairment rating as well. This is called an Independent Medical Exam (IME).
The lump sum settlement that some workers get at the end of a workers compensation claim is based upon their Impairment Rating, their compensation rate, the number of weeks assigned by workers compensation law to that type of injury, and a multiplier. The multiplier is capped at a lower rate if you return to work at the same rate of pay or if you quit your job.
We assist our workers compensation clients with their permanent injury award by referring them for an Independent Medical Exam, when appropriate, and by negotiating for a higher multiplier to be assigned to their case. When necessary, we file for a Benefit Review Conference (BRC) with the Department of Labor. We may file a lawsuit in some workers compensation cases.
