truck accident

Workers Compensation Helpline Lawyers , On the Job Injuries

 Workers' Compensation Helpline Georgia, Atlanta, Savanah, Florida, Orlando, Fort Lauderdale, Tampa,New York, New Jersey,Colorado, Michigan, Wisconsin, for on the job Injuries
 

Workers' Compensation Helpline  New York,Georgia,Florida,Tennessee,North and South Carolina is a Resource for Individuals with On the Job Injuries
(On-the-Job Injury or Illness)
Frequently Asked Questions regarding Workers Compensation in New York. If in Doubt call free legal Shield Workers Compensation Helpline lawyers. The lawyers of the Workers Compensation helpline work on a contingency basis. You have no out of pocket fees to the workers Compensation lawyers

Workers Compensation Office New York Resource Guide offered by Workers Compensation Helpline New York, Georgia, Florida,

    Q. Are all disabilities covered under Workers' Compensation Law?
    A. No. Only those disabilities that are causally related to an accidental injury "arising out of and in the course of the employment" or to occupational disease, are compensable.
    Q. What if the worker fails to file a claim for workers' compensation?
    A. The worker may lose his/her right to benefits and medical care.
    Q. Is it necessary for the worker to retain an attorney?
    A. No. W.C. Law Judges may assist a worker not represented by an attorney. An attorney's assistance may be desirable if the issues are complicated. Attorney's fees are deducted from the claimant's award, as determined by a Workers' Compensation Law Judge. A claimant must not pay an attorney directly.
    Q. How is the weekly cash benefit for temporary total disability determined?
    A. The weekly cash benefit for temporary total disability is computed by taking two-thirds of the workers' average weekly wage for one year immediately preceding the accident. It may not, however, exceed the legal maximum in effect on the date of the injury.
    Q. Is medical care provided in the case of an accidental injury even when no claim is made for weekly cash benefits?
    A. Yes. If medical care is necessary, it will be provided even though there has been no lost time from work (or less than eight days lost time) and no cash benefits paid.
    Q. When must a physician request advance authorization for medical care?
    A. The law requires a physician to request prior authorization for specialist consultations, surgical procedures, physiotherapeutic procedures, X-rays or special diagnostic laboratory tests costing more than $500 until July 10, 2007. As of July 11, 2007, the special services must cost more than $1,000 before authorization must be requested. However, as of March 13, 2007, insurance carriers are authorized to require claimants to obtain X-rays, CT Scans, MRIs and other diagnostic tests from a provider or facility within the network it has contracted with for such tests. If the insurance carrier has notified the claimant of this requirement, then the claimant must obtain diagnostic tests from a network facility or provider unless it is an emergency or there is no location within a reasonable distance from the claimant.
    Q. Are prescription drugs and medications covered under the law?
    A. Yes. The claimant should send a receipted bill and letter from the attending physician to the insurance carrier, stating that the purchase was necessary and in accordance with the physician's direction. As of July 11, 2007, the law specifically authorizes pharmacies to direct bill the insurance carrier and requires the insurance carrier to pay for the prescription or reimburse the employee within 45 days of receipt of the claim for payment or reimbursement. It also allows the insurance carrier to contract with a pharmacy or pharmacies and require claimants to use the pharmacy or pharmacies to obtain their prescriptions. The only exceptions are when a medical emergency occurs and it is not reasonably possible to obtain immediately required prescribed medicines from such pharmacy or pharmacies or the pharmacy or pharmacies do not offer mail order service and do not have a physical location within a reasonable distance from the claimant.
    Q. May a doctor proceed with care if the insurance carrier withholds authorization without reason?
    A. Yes. When the authorization has been requested and withheld without reason for more than 30 days, the doctor may proceed to render the services required for the claimant's welfare. If the authorization is for a diagnostic test and the carrier has contracted with a network and requires claimants to use the network, the diagnostic test must be obtained from a provider or facility within the network.
    Q. Must an injured worker submit to a medical examination when requested to do so by the employer or insurance carrier?
    A. Yes. The employer or insurance carrier is entitled to have the worker examined by a qualified physician. Refusal to submit to an exam may affect the worker's claim.
    Q. What happens when a claim is contested by the insurance carrier?
    A. The insurance carrier contesting a claim must file a notice of controversy with the Board within eighteen days after the disability begins or within ten days of learning of the accident, whichever is greater. The carrier must give the reasons why the claim is not being paid. The issue is resolved by a W.C. Law Judge at a prehearing conference or a hearing.
    Q. May an insurance carrier suspend or modify the cash benefits?
    A. In a case where the carrier has made payment without waiting for a Judge's decision, it may suspend or modify the payment based on payroll or medical evidence submitted to the Board.
    Q. What can a worker do if he/she is not satisfied with the Judge's decision?
    A. The worker may file with the Board a written application for review within thirty days of the filing of the notice of the Judge's decision. The application must specify why the claimant disagrees with the decision.
    Q. What can a worker do if he/she is not satisfied with the Board's decision after an application for review?
    A. The worker may appeal to the Appellate Division, Third Department, within thirty days after the decision has been served upon the parties.
    Q. What is the penalty for making a false claim?
    A. A person who willfully misrepresents the circumstances surrounding his or her case in order to obtain benefits is guilty of a felony.
    Q. What do I need to do if my spouse/parent/child/grandchild(ren)'s has passed away while collecting workers' comp benefits?
    A. Notify the Board and Insurance Carrier¹ immediately and submit (when available) a copy of the Death Certificate.
    Q. As a widow/widower, will his/her compensation benefits continue coming to me once they passed?
    A. In most cases benefits may stop. The widow/widower must file for a Workers' Compensation Death claim showing medical proof that the claimants death was related to the establised work injury. If the death claim is found compensable, payments may resume retroactive back to the date of death.
    Q. What do I need to do if my spouse/parent/child/grandchild(ren)'s death was becasue of his/her work injury?
    A. File for a Workers' Compensation Death claim by completeing and filing a C-62 with the appropriate documentation. You will also need to file the C-64 and, If you have it, file medical evidence from the last treating physician stating how the death is causally related to the original work injury/illness.
    Q. What if my Child was killed at work and has no dependents; are there benefits payable for at least funeral expenses?
    A. Parents who were not dependent on the deceased would be eligible for a no-dependency award if there were no spouse, children, or other dependent family members. They would also be eligible for up to the maximum allowed under Workers' Compensation for funeral expenses paid.
    Q. I have been approached to consider settling my claim, what do I do?
    A. Under the Workers' Compensation Law, any settlement, whether a stipulation agreement or a Section 32 Waiver Agreeement, is a negotiation between you and the Carrier¹. The main difference is that a Stipulation is always subject to modification, with proof and the Boards consent, whereas a Section 32 can never be changed once approved by the Board (see Workers' Compensation law section 32).
    Q. What is a stipulation agreement?
    A. This is an agreement between the carrier¹ and claimant which is memorialized in writing on a Board-prescribed form, and placed on the record by the Judge. This agreement is usually to agree on a percentage of a schedule loss of use, level of disability, reimbursements to the employer, and/or what your weekly indemnity benefits will be.
    For more information on stipulations, see Board rule 12 NYCRR 300.5.
    Q. What is a Schedule Loss of Use Award?
    A. This is an award that is issued by the Judge that determines the amount of loss of use you have to the injured body part (Usually limbs/digits). This percentage is determined by medical evidence such as treating doctors' report and the Independent Medical Examiners report, if any. This award is paid at your total disability rate as applied. This award is set forth in a Board decision, listing amounts as if they were lost wages, whether you have actually lost time or not. However, once an award is paid, if you have not been out of work for that amount of weeks, it is then considered an advance payment and if you go out of work due to this injury later on, you will not be paid for lost wages until the number of weeks is used up. If you have already been out of work for the amount of weeks of the schedule loss, you will not receive any further payments. But if you are out of work down the road, and used up the weeks of the schedule loss, you may be elegible for further monies.
    Q. If I had a Schedule Loss of Use Award can I still treat with my doctor?
    A. Yes
    Q. What can I include in the Section 32 agreement?
    A. The Section 32 agreement is a negotiation; therefore you can include what you feel is in your best interest. There are times when medical is left in and just the monetary value is what is finalized. While many cases are based upon aproxmiately (5) years of payments, remember it is a negotiation. Both parties have to be in agreement before it can be presented to the Board.
    Q. What if I settled on a Section 32 and my condition gets worse?
    A. You will be responsible for anything related to this injury, no one else.
    Q. What if I have extreme financial hardship or need surgery down the road due to the injury I settled with a Section 32?
    A. You are solely responsible for any bills related to this injury.
    Q. Can I sue someone for my injuries since I settled my case?
    A. No
    Q. What if I have settled my case, but then reinjure myself at work again to the same thing and it is made worse?
    A. If this were to happen, you could then file a new claim. If the Judge were to determine that there would be an apportionment between the first injury and the new one, you would only get paid the apportionment amount from the new injury as the first injury case was settled.
    Q. Can I file for a Death Claim if my spouse settled his/her case on a section 32 and has since passed away due to the injury/illness?
    A. Yes, only if the persons death was related to the actual injury/illness. ( Please see under the Workers' section on how to file a Death claim).
    Q. What can I do if I disagree with an MOD issued and the Full Board Review is denied?
    A. You have thirty days from the denial of the Full Board Review notice in which to file with the Appellate Division, Third Department, of the Supreme Court. This step is outside the Workers' Compensation System and there could possibly be a fee for filing the appeal. The Supreme Court does have programs in which to file as a poor person. Again, you would need to contact them.

To help with medical Bills,and your on the job injuries call Workers Compensation helpline New York of free legal Shield

¹ licensed insurance company, third party administrator or self insured employer.

There are three types of offices for Workers Compensation Claims:

There are three types of workers compensation claim offices. They are:

1.      The insurance company claims office

2.      The third party administrators claims office

3.      The in-house claims office of the self insured employer

Workers Compensation offices New York

State of New York—http://www.ny.gov/
New York State Workers’ Compensation Board—http://www.wcb.state.ny.us/
20 Park Street
Albany, New York 12207
(877) 632-4996, Fax: (518) 473-1415, Fraud: (888) 363-6001
E-mail: general_information@wcb.state.ny.us
Click here to download free fillable PDF (Portable Document Format) versions of New York workers’ compensation forms courtesy Interface Technologies—http://www.interfacetec.com/

New York State Insurance Fund—http://ww3.nysif.com/
199 Church Street
New York, New York 10007
(888) 875-5790, (212) 312-9000, Fax: (212) 385-2073

Georgia Workers Compensation Offices

Hearing

Atlanta
270 Peachtree Street, NW
Atlanta, GA  30303-1299

 

Albany
414 N. Westover Blvd.
Suite C
Albany, Georgia 31707
            or
P. O. Box 71985
Albany, GA  31708

 

Columbus
Heritage Tower, Suite 200
18 9th Street
Columbus, GA 31901

Covington
6253 Highway 278
Covington, Georgia 30014

Dalton
Suite 315
708 South Glenwood Avenue
Dalton, Georgia 30721-4406Macon

Suite A
110 Holiday Drive, N
Macon, GA 31210-1802

Savannah
Suite 601
Seven East Congress Street
Savannah, Georgia 31401

Florida office

Bureau of Employee Assistance and Ombudsman Office (EAO)

Mailing Address: 200 East Gaines Street, Tallahassee, FL 32399-4225
Toll Free: (800) 342-1741 Central Office: (850) 413-1610
Fax: (850) 413-1970 & (850) 413-1979

 

 

 

Personal Injury / Wrongful Death Lawyers

Personal injury lawyers  sue for an injury to the body, mind or emotions. The term most commonly refers to a type of tort lawsuit claiming that your  injury has been caused by the negligence of  another  but also arises in class actions.

Personal Injury lawyers fight for For Victims  injured or killed in accidents  and are:

Nationwide Accident & Personal Injury Lawyers. Personal Injury Lawyers  file lawsuits for any type of injury due to negligence. Our team of  Injury lawyers,personal injury  attorneys have experience with:

 Auto Accident Lawyers help you if you have been injured in an auto accident,car crash,car accident due to the fault of another. To file amd auto accident personal injury claim you should not be sited as at fault for the auto accident.

 Personal Injury Lawyers are experienced in a complete range of personal injury wrongful death lawsuits

Truck Accident injury Attorneys deal with individuals who have been injured in 18 wheel,tractor trailor,semi accidents.Truck accidents usually result in severe and dibilitating injuries due to the intensity of the impact, They can also result in wrongful death lawyer involvement.

Motorcycle Accident injury Lawyers help individuals injured in motorcycle accidents. Motor cycle accidents are quite serious and can be devastating for individuals who do not wear protective outerwear and helmets. An expereinced motorcycle accident lawyer is a personal injury attorney.

Wrongful Death Lawyers are injury lawyers who deal with injuries resulting in death. A wrongul death occurs when someone is injured or killed due to the negligence of another. The injury lawyer works on behlf of the victims dependents and survivors to secure compensation for this wrongful death

Slip & Fall Attorneys are injury lawyers who deal with negligent property liability. Slip and fall also known as trip and fall can cause serious injuries and wrongful death. The property owner is liable for a slip and fall injury.

Dog Bites & Animal Injury lawyers are personal injury,injury attorneys. Your Dog bite injury lawyer will file a lawsuit on your behalf against the animals owner. The underlying cause of action claims that a dog or animal owner is reponsible for the actions of his pet. A dog bit can be a serious injury. Very often injury lawyers are protecting injured. children

Drug Litigation Lawyers are class action injury lawyers. Very often a pharmaceutical company will have a drug recall. The drug,having been on the market, has caused injury to the patient. An injury lawyer will file a lawsuit for a group of people injured by this drug. Examples are; Avandia,Yaz,Fosamax,Tylenol and Yasmi,Celexa,Propecia,and others.

Toxic Injury Lawyers deal with chemical and environmental hazards. These are very specific injury lawyers and deal with individuals  injured from environmental exposures including those suffering from asbestos related injuries, especially malignant mesothelioma and lung cancer. Toxic mold,Benzene and laead poisoning aslo fall under this type of injury law. Examples are Tylenol, Actos, Yaz, Avandia, Yasmin and others that have warnings deemed appropriate by the FDA.

Work Related Injury Lawyers are workers compensation lawyers. Very often a workers compensation injury includes what is called a third party liability. This when a personal injury lawyer becomes involved

Constructions Accident injury attorneys understand construction sites and the injuries they can cause.Construction injury lawyers deal with construction injuries and wrongful deaths from crane accidents,scaffolding accidents,roof crush accidents,floor opening falls,logging accidents,welding accidents and other related on the job injuries. The cncept of third party liability falls into paly here as well. Injury lawyers aslo help victims walking near construction sites who are injured

 
  
   
 

Nursing Home Abuse Lawyers are injury lawyers that deal exclusively with the elderly injured in nursing homes. This can include fractures,attacks,poor care,misdiagnosis and an entire gamut of potential injuries. Nursing home Injury lawyers are  experienced in  Nursing Home regulations and Nursing Home  injury law.

Medical Malpractice Lawyers deal with Hospital,Doctor,CNA and any negligent actions of a helth care provider

Birth Injury Lawyers deal with medical complications that may arise and put your baby’s health at risk. When a doctor or medical professional does not handle the situation properly, your infant may suffer injuries or illnesses that can leave him or her permanently disabled. In the worst cases, mishandled childbirth complications may result in death.Birth Injury lawyers have experience in the special considerations of these types of medical malpractice injuries

Child Injury lawyers  protect  a defenseless child who may fall victim to the negligence, recklessness, or carelessness of others. Child injury lawyers are also school bus injury lawyers. Schools are very often negligent and cause injuries to children School yard injuries,playground injuries,sports injuries,negligent coach, hallway injuries are examples

A Brain Damage injury Lawyer will help you if  you or a loved one has suffered cranial damage due to someone else's negligence. Brain damage lawyers have extensive knowledge regarding the consequences of brain trauma.

Burn Injury  attorneys  deal with some of the most devastating injuries imaginable. Burn injuries include first,second, and thid degree burns and inhalation injuires. Burn injuries can be personal injury or workers compnsation claims.
 An average hospital cost of a burn injury can range anywhere from $50,000 to $200,000, depending on the severity of the injuries sustained.  Serious burn injuries often require skin grafts, reconstructive surgery, and a period of physical therapy.  The financial impact of a burn injury can be quite substantial.  The pain and suffering involved can be devastating.

A Pharmacy Error Lawyer Medication errors are one of the most common medical mistakes made by health care providers. The errors a pharmacist or a pharmacy technician may make include  errors made in dispensing medication. This could be the wrong medication to the wrong patient,wrong dosage,or incorrect labeling.

Catastrophic Injury Lawyer deals with  an injury that is extremely serious and that results in long-lasting medical condition, permanent disability, and shortened life expectancy. It usually affects at least one system of the body and causes much suffering to the victim. It could come in the form of a traumatic brain injury, for example, or the loss of a limb, severe burns, a spinal cord injury, or other neurological disorders Catastrophic injuries are usually sustained from 18 whell truck accidents,airplane crashes,train accidents and auto crashes

Airline Accident Lawyers deal with airplane crashes and aviation accidents. They are castrophic injury lawyers and deal with severe injury and Wrongful death.

Train Accident Attorneys deal with transit disasters and are castrophic injury lawyers. Train wrecks are rare but when the happen people are severly injured or killed. A personal Injury  liability lawyer with experioence in deaiing with the rules and regulations of Mass Transit disasters should be retained.

Premises Liability Attorneys help  individuals who have  suffered personal injuries in someone else’s property.  Premises liability injury lawyers claim damages against the property owner who caused you the damages. You should get the legal representations of premise liability lawyers who specialize on premise liability claims. Pemise liability lawyers deal with victims of crime on a property with poor security or broken secutity equipment.

Social Security Disability Lawyers protect the right of permanently disabled individuals

Depuy Hip Replacement litigation injury lawyers are filing lawsuits ageinst the manufacturers of the DepuyASR,Zimmer Duram Cup and other faulty hip replacement products. Johnson and Johnsons recalled Depuy Hip Replacement Device has been the target of mass litigations for the defective prothesis.

Class Action Litigation injury lawyers file injury lawsuits for grups of individuals injured by medical devices,pharmaceutical products, insurance companies and other large group litigations. A current example is athe Avaulta Vaginal Mesh or the Depuy Hip Replacement.

FELA Lawyers Railroad worker injury lawyers file suit on behalf of injured railroad workers.An injury on the railway can range from a minor sprain to a spinal injury so severe that it leads to death.  Some of the most common injuries that affect railway workers are:

  •     Head trauma and brain injuries
  •     Knee injuries
  •     Back injuries
  •     Neck injuries
  •     Carpal tunnel syndrome
  •     Spinal cord injuries
     

Personal Injury

Personal injury is the area of law that offers compensation to victims who have been injured or killed as the result of another person’s or company’s reckless or negligent actions. Personal injury victims typically suffer from extensive physical and psychological injuries, and often require expensive medical care and treatment. Victims should be entitled to monetary compensation for medical bills, lost wages, pain and suffering and loss of enjoyment of life. If you have been injured dial 1- 800-733-5342 today

Free legal Shield Attorney referral Service has Florida lawyers for personal injury ready to help you if you have been injured in the following Florida cities: Boca Raton, Bradenton, Cape Coral, Clearwater, Coral Gables, Daytona, Delray Beach, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, and Winter Park.

Free legal Shied  has Florida Lawyers for  personal injury ready to help you if you have been injured in the following counties:Alachua, Baker, Bay, Bradford, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, Columbia, DeSoto, Dixie, Duval, Escambia, Flagler, Franklin, Gadsden, Gilchrist, Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, Holmes, Indian, River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, Putnam, Santa, Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, Suwannee, Taylor, Union, Volusia, Wakulla, Walton, and Washington

We also have Lawyers for personal injury in the following Georgia counties and cities: Fulton County, DeKalb County, Atlanta GA, Sandy Springs GA, East Point GA, Redan GA, Riverdale GA, Snellville GA, Conyers GA, Covington GA, McDonough GA, Hampton GA, Lawrenceville GA, Johns Creek GA, Roswell GA, Woodstock GA, Marietta GA, Smyrna GA, Mableton GA, Douglasville GA, Buford GA, Canton, GA

To schedule a free consultation, with a personal injury wrongful death lawyer please call our office at 800-733-5342.

Helping the people since 1997.