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FAQ - Workers' Compensation A: The amount of your weekly workers' comp check for temporary income benefits (TIBs) is calculated by taking the average of your earnings during the 13 weeks PRIOR to your accident and multiplying by 70%. NEW WEEKLY MAX COMP RATE for injuries after October 1, 2008 is $750. If you believe you may be getting underpaid, contact us.
A: Yes. Although there are certain insurance carriers that require that the injured worker treat within their network, you still have the option to choose who your treating doctor will be within the particular network. If the insurance carrier that is responsible for your claim does not have a network set up, you have many more choices of who your treating doctor can be. However, you will want to have a doctor that will be interested in your well-being and not looking out for the interests of the employer. We can help get you to a doctor that not only will have your best interest in mind, but who is also knowledgeable in the procedures for requests for medical treatment under the workers' comp guidelines.
A: There can be various reasons why the insurance carrier is not approving your medical treatment. The Division of Workers' Compensation recently adopted certain guidelines for medical treatment that is to be provided to the injured worker. If the treatment that your doctor is requesting falls beyond the guidelines, this may justify the reason for the denial. In other instances, the insurance carrier might only be accepting a minor injury and the treatment that your doctor requested is to remedy a much more severe injury. In this case, there may be an extent of injury issue and you will need a knowledgeable attorney to resolve this matter for you.
A: A workers' compensation claim is different than a personal injury claim. Under personal injury, a settlement is reached that includes compensation for medical treatment, lost wages, pain & suffering, etc. Under workers' compensation, an injured worker receives income benefits called Impairment Income Benefits (IIBs) when he or she has reached Maximum Medical Improvement. If the injured worker gets a 10% impairment rating, this will equal to 30 weeks of IIBs at a weekly rate of approximately $377. Weekly IIBs amount varies depending on the date of injury. The injured worker can be working after he or she receives the impairment rating and the IIBs will still be sent to him or her on a weekly basis. The IIBs can be looked on as the "settlement" for the claim.
A: Yes. If another person was responsible for your injury besides your employer or a co-worker, you may have a Third Party claim. If a faulty machine or product caused your workers' comp injury, you may have a Product Liability claim. If your employer did not pay you overtime, you may have an Overtime claim. If you had been employed with your employer for several years and suddenly your employer terminates you after you got hurt, you may have a Wrongful Termination claim. Contact us to discuss these and other possible claims that may arise out of your workers' compensation claim.
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