workers compensation attorney

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

 

 

 

Lawyers for Workers Compensation Claims

1. Lawyers for workers compensation have the answers you need.Can my employer fire me if I am out and receiving workers’ compensation benefits?

Yes. You should not be fired in retaliation for filing a workers’ compensation claim. However, the workers’ compensation law does not require your employer to hold your position for you until you can return to work.

2. Must I be released to full duty before I can return to work?

No. Your doctor may release you for modified or light duty work before you have reached maximum medical improvement (MMI).

3. Is my employer required to have workers’ compensation insurance?

Employers with four or more employees, part-time or full-time, are required to have workers’ compensation coverage. An employer in the construction industry with one or more employees is required to have insurance.

4. Where does my workers’ compensation benefit check come from?

It comes from your employer’s workers’ compensation insurance company (the carrier) or from your employer if the company does not have insurance.

5. Are workers’ compensation benefits taxable?

No.

6. When will I get my first check?

The earliest date you can expect your first check is within three weeks of your injury. This can only happen if you reported your injury to your employer immediately. The carrier is required to send a check within fourteen days after learning you will be disabled for more than a week.

7. Do I have to pay any of the medical costs?

Your employer or its workers’ compensation insurance company must pay for all approved and medically necessary care. If you are injured on or after January 1, 1994, you are required to pay a $10.00 co-payment per visit for medical treatment after you reach maximum medical improvement (MMI).

8. How are the doctors and other health care providers paid?

All authorized health care providers must bill your workers’ compensation insurance company directly. If you receive a bill, mail it to the insurance company or to your lawyer. Do not pay it yourself.

9. Can I choose my own doctor?

No. Your employer or its workers’ compensation insurance carrier can choose the doctor to treat you. If you are unhappy with the doctor chosen by the carrier or want to request a second opinion, we must ask the carrier to provide you with another. As a general rule, you cannot go to a doctor the insurance company has not approved. If you go to your own doctor, you will probably end up responsible for payment of the bills.

10. When is an impairment rating assigned?

When you reach maximum medical improvement (MMI), your treating doctor must give you an impairment rating if you have a permanent loss of function of a part of your body. When that date is approaching, it is important that you let our office know.

11. Am I entitled to a lump-sum settlement of my case?

A lump-sum settlement is allowed but is not mandatory. Any negotiations are strictly voluntary between the injured worker and the insurance company. A judge cannot force the insurance company to settle your case.

The United States workforce includes more than 105 million people. Every year, more than 6 million of these workers get injured and 6,023 more lose their lives on the job, according to the National Safety Council. The estimated cost is in the billions of dollars.

More than 245,000 injuries and illnesses were reported by Florida employers in 2002, according to a joint federal and state survey. Industries involving wholesale, retail trade and services experienced the greatest number of incidents, with 32 percent of the total reported cases. Construction and manufacturing industries together ranked second with 10 percent each of the total cases.

Workers in the agriculture, farming and fishing industries had the highest incidence rate, with 7.4 injuries and illnesses reported per 100 workers. The industries with the lowest incidence rate was finance, insurance and real estate.

Employers are required to provide a reasonably safe workplace. This includes safe equipment, proper training, posting of warnings, and compliance with safety regulations

Among the most common causes of serious work injuries are accidents involving falling objects, workers falling from elevated equipment or structures, highway accidents and those involving cars, trucks, forklifts, factory machinery and other devices. Other causes include electrocution and carbon monoxide poisoning. Our accident attorneys help employees with claims and lawsuits, including those whose injuries involve:

* Slips and falls at work

* Repetitive stress, back strain and other ergonomically based injuries

* Construction site injuries

* Equipment malfunction

* Motor vehicle accidents

* Lifting injuries and needle sticks in hospital or nursing home jobs

* Injuries traveling to work

Many times a workplace injury is the result of the negligence of someone unconnected with the employer. In those types of cases, a separate civil suit can be brought against that person for both economic and non-economic damages. This is called a third-party action. Your employer cannot be subject to a civil suit — anything with the employer must be handled through the workers compensation process.

If you successfully recover damages for someone besides your employer, however, your employer’s insurance company may seek reimbursement for the sums expended on your behalf for disability payments and medical care. This is called a lien.

The employer’s insurance company has to reduce their request for reimbursement to reflect the employer’s fault. They may also get a credit against future payments for medical care, requiring you to first expend all of the monies you recovered in the third party suit, before they pay any additional medical bills.

The amount of compensation paid to an employee depends upon the classification of his or her disability:

* Permanent total disability: 66 2/3 percent of the employee’s average weekly wage

* Temporary total disability: 66 2/3 percent of the employee’s average weekly wage, up to 104 weeks

* Permanent impairment benefits: 75 percent of the employee’s average weekly temporary total disability; impairment benefits are reduced by 50 percent for each week the employee earns income equal to or more than his or her average weekly wage

* Temporary partial disability: 80 percent of the difference between 80 percent of the employee’s average weekly wage and the wage the employee is able to earn after being injured, up to 66 2/3 percent of the employee’s average weekly wage at the time of the accident

If you or someone you know was seriously hurt on the job, you may want to contact a workplace injury lawyer for a free evaluation of your case.

We have Florida  Auto Accident Attorneys ready to help you in the following Florida cities:, Altamonte Springs, Apopka, Aventura, Belle Glade, Belleview, Boca Raton, Bonita Springs, Boynton Beach, Bradenton, Brandon, Cape Coral, Carrollwood, Casselberry, Citrus Park, Clearwater, Clermont, Coconut Creek, Coral Gables, Coral Springs, Crestview, Cutler Bay, Dania Beach, Davie, Daytona Beach, Deerfield Beach, DeLand, Delray Beach, Deltona, Doral, Dunedin, Edgewater, Esterno, Fort Lauderdale, Fort Myers, Fort Pierce, Fort Walton Beach, Gainesville, Greenacres, Haines City, Hallandale Beach, Hialeah, Hollywood, Homestead, Immokalee, Jacksonville, Jacksonville Beach, Jupiter, Kendall, Key West, Kissimmee, Lakeland, Lake Worth, Largo, Lauderdale Lakes, Lauderhill, Leesburg, Lehigh Acres, Leisure City, Margate, Melbourne, Merritt Island, Miami, Miami Beach, Miami Gardens, Miami Lakes, Miramar, Naples, Navarre, New Smyrna Beach, North Lauderdale, North Miami, North Miami Beach, North Port, Oakland Park, Ocala, Ocoee, Orlando, Ormond Beach, Oviedo, Pace, Palm Bay, Palm Beach Gardens, Palm City, Palmetto Bay (Cutler), Panama City, Parkland, Pembroke Pines, Pensacola, Plantation, Plant City, Pompano Beach, Port Charlotte, Port Orange, Port Saint Lucie, Riverview, Riviera Beach, Rockledge, Royal Palm Beach, St. Cloud, St. Petersburg, Sanford, Sarasota, Sebastian, South Miami, Spring Hill, Starke, Sunny Isles Beach, Sunrise, Tallahassee, Tamarac, Tamiami, Tampa, Tarpon Springs, Temple Terrace, Titusville, Treasure Island, The Villages, Town 'n Country, Venice, Vero Beach, Valrico, Wellington, Wesley Chapel, Weston, West Palm Beach, West Pensacola, Winter Garden, Winter Haven, Winter Park, Winter Springs

We have Florida Auto Accident Attorneys ready to help you 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, Washington

We also haveAuto Accident  attorneys 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.
We have Tennessee Attorneys ready to help you in the following cities and counties:, Memphis, Nashville, Knoxville, Chattanooga, Clarksville, Murfreesboro, Jackson, Johnson City, Franklin, Bartlett, Hendersonville, Shelby County, Davidson County, Knox County, Hamilton County, Rutherford County, Williamson County, Sullivan County, Sumner County.

We have North Carolina Attorneys ready to help you in the following cities and counties:, Charlotte, Raleigh, Greensboro, Winston-Salem, Durham, Fayetteville, Cary, Wilmington, Alamance County, Buncombe County, Cabarrus County, Cumberland County, Forsyth County, Gaston County, Guilford County, Mecklenburg County, Wake County.

We have South Carolina Attorneys ready to help you in the following cities and counties:, Columbia, Charleston, North Charleston, Mount Pleasant, Aiken County, Anderson County, Greenville County, Horry County, Lexington County, Richland County.

We have Colorado Attorneys ready to help you in the following cities and counties:, Denver, Colorado Springs, Aurora, Fort Collins, Lakewood, Adams County, Arapahoe County, Boulder County, Denver County, El Paso County, Jefferson County, Larimer County, Weld County.

We have Michigan Attorneys ready to help you in the following cities and counties:, Detroit, Grand Rapids, Warren, Sterling Heights, Lansing, Ann Arbor, Wayne County, Kent County, Macomb County, Eaton & Ingham County, Washtenaw County, Genesee County.

We have New York Attorneys ready to help you in the following cities and counties:, New York City, Buffalo, Erie County, Bronx County, Kings County, Queens County, Richmond County, Rochester, Monroe County, Yonkers, Westchester County.

We have New Jersey Attorneys ready to help you in the following cities and counties:, Hackensack, Bergen County, Burlington County, Mount Holly Township, Camden, Camden County, Newark, Essex County, Jersey City, Hudson County, New Brunswick, Middlesex County, Monmouth County, Morris County, Ocean County, Passaic County, Union County.