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Workers Compensation

Helping Us Help You

We want to do all that we can to represent you best that we can. We need your help to do our job. Here are some VERY important issues for us both.

BE CLEAR ABOUT WHAT HAPPENED AND WHAT HURTS. Any statement you make to any medical provider about the accident and your injuries is CRITICAL. Be very careful about how you describe how you got hurt. Identify ALL body parts that hurt due to the accident. You must been seen by a DOCTOR (and not a nurse or physician assistant). ALWAYS TELL THE TRUTH.

Basic Facts and Practical Advice

Who is eligible to receive WC benefits?

An employee who is injured at work generally is eligible to receive WC benefits. WC benefits include medical and lost income benefits.

The employee pays for NONE of the medical treatment needed to treat the WC injury. If the employee is unable to work because of the WC injury, he or she may be entitled to a lost income benefit.

What happens if I accept a lump sum settlement of my case?

Since 1996, some have had the opportunity to finally settle their Workers’ Compensation [“WC”] case under Section 32 of the New York Workers Compensation Law. While this may be appropriate for SOME injured workers, it may be wholly inappropriate for others.

Preparing for your Defense Medical Examination (DME)

The Workers’ Compensation[“WC”] insurance carrier has requested that you be examined by a doctor of their choice. This is misnamed as an “Independent” Medical Examination (“IME”). The doctor that you will see is NOT independent. Thus, we call it a Defense Medical Examination (“DME”).

When will I get the Test/Treatment my Doctor Requested?

If you have an established Workers' Compensation ["WC"] case, your doctor should have no problem getting routine tests and treatment paid by the WC insurance carrier. There are times, however, that your doctor has to request authorization from the WC insurance carrier BEFORE tests can be administered and/or treatment can start.

Do I have to Look for Work?

It is rare that a Claimant will be "totally disabled" within the meaning of the Workers' Compensation Law for a lengthy period of time. If there is medical evidence that you are NOT totally disabled, or if you are being paid at the "less than total" rate for lost income benefits, you have a legal obligation to look for work. As the success of your workers’ compensation [“WC”] claim can depend on whether you are actively looking for work, this document will outline your responsibilities.

What Do I get if I am Permanently Injured?

Once your condition is stable (known as maximum medical improvement), an effort will be made to determine whether you have permanent injury. Generally, this will happen as early as six months, or as late as two years, AFTER your injury or last surgery.

How Often Must I Go to the Doctor?

In our experience, you will get medical treatment quite frequently following a work-related illness or injury. After some time passes and you start to recover, you likely will get medical treatment less frequently. At some point, your doctor might even say that you only need to come in every three to four months (or even less often).