You are entitled to have your medical covered in full- no deductible no copay. You must file certain papers to protect yourself (C-3 ) with the Workers Comp Board. You may be entitled to a schedule loss for any permanency of injury, this is a sum of money. You don't have to lose any time to get this award, you just have to file the claim. Several commentators said to consult with a Workers Comp attorney. We are Workers Comp Attorneys and have an office in Brooklyn (Downtown) near the Workers...
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You might want to discuss with your attorney whether or not it would be a good idea to settle your case via section 32, i.e a lump sum of money to dispose of the case. Otherwise you will need to show a legitimate job search, consult with Vocational Rehab, etc, to show attachment to the labor market. The issue with people running small businesses is that carriers will constantly be disputing your reduced earnings claims with the allegation you are hiding income or purposely limiting income to...
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10 DAYS OR YOU CAN ASK FOR ANOTHER PENALTY. IF THE CARRIER HAS APPEALED TO THE BOARD HOWEVER WITHIN 30 DAYS, THERE IS NO PENALTY DUE AND OWING YET. SECTION 25 (3) (f) states: If the employer or its insurance carrier shall fail to make payments of compensation according to the terms of the award within ten days or the uninsured employers' fund shall fail to make payments of compensation according to the terms of the award within thirty days after such ten...
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The insurance company is not obligated at all. You are not "entitled" to a settlement. They will consider it if its in THEIR best interest to get rid of you. If they they think they can rid of you some cheaper way, they will want to try that first. You really had better sit tight. You are getting a good rate. You don't want a hearing and you don't want to be classified. You only need a hearing if the insurance company wants to CUT your benefits. In your case from what you described you should...
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Did your doctor ask to do them all, I highly doubt it. They generally only work on the disk areas that have been demonstrated by confirmatory diagnostic techniques (CAT Scan, MRI, EMG & Nerve Conduction testing, clinical findings on exam) to be causing symptoms. Many herniations are not symptomatic. Your pain and disability are most likely emanating from the disks that have been authorized to be worked on. Generally the Thoracic areas is the least symptomatic, but also harder to work on. I've...
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You did not indicate when you had the lifiting episode and when you told the boss if you ever did. the fact that "everyone" knows your in pain does not translate to the boss having knowledge, in fact Workers comp law requires written notice to management. It may as simple as Dear Boss, this is to let you know on _____2013 I hurt my neck and right arm while lifting boxes. I thought the paid would go away but it did not, it's continued to worsen. Please notify our Workers Comp carrier and have...
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Workers Compensation won't take pity on you. If you are 50% disabled they will pay you 50% of your comp rate meaning they will cut your benefits in half, and state you have an obligation to at least search for something within your remaining 50% ABILITY. (Yes it's quite abstract and theoretical but it is what it is). The Good News is you can apply to unemployment, as long as you are ready willing and able to work with the restrictions your doctor states you DO have. BOTH programs will expect...
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The case may have been settled without any finding of liability or perhaps without any finding of causal relationship of the conditions you are being treated for to the accident. Sometimes depending on the circumstances that's the best you can do. I would say yes you can use your medical insurance if the conditions were not linked to that case. However, since you ahd an attorney represent you, and since I could not possibly know al the facts and circumstances of your claim, it would be best...
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Workers Comp proceedings are generally exempt from HIPAA protections although, most carriers use HIPAA releases to be on the safe side. You may have a problem going after them for the error.
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Yes they do that it is very unfair and cries out for legislative correction. Attorneys have been writing their congressmen about this but nothing has happened. The new administration may pave an easier path to legislatively changin this. Speak with your Congressman's office. If they are interested in this issue I will b e glad to help them with information and writing corrective legislation. In the meantime use a professional to do your taxes so they amount of your benefits offset for...
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