You are guaranteed free medical coverage for as long as you suffer a work related injury which requires medical treatment.
Wage loss benefits
You have the right to wage loss benefits for as long as you are off the job and/or otherwise your earnings are impaired or reduced as a result of your work injury. This can be total disability or it can be partial disability. Total disability is, as a general rule, two-thirds of your average weekly wage before you were injured. Partial disability is two-thirds of the differenced between your light duty or partial earnings as compared to your pre-injury earnings.
Right to negotiate a lump sum settlement
As you will see in the FAQ’s, there are times in most cases where you are able to negotiate with the insurance company for a lump sum settlement. Our representation of you can significantly enlarge any such lump sum settlement and make sure that the appropriate language is put into the documents to assure that you will receive the maximum benefits both for workers’ compensation as well as any and all other benefits you may be entitled to such as Social Security Disability. It is important that you coordinate these various rights if they exist at the same time and if they concurrently exist.
The right to seek your own medical care after 90 days
You have the right to select any doctor you wish and have that medical coverage paid for free after the first 90 days following your injury. In order to even have to wait this 90 day period your employer must have you sign a statement acknowledging that you have been provided with a list of doctors that you must treat with during this 90 day period. Also your employer must have had you sign a similar statement when you began working there. If both of these statements are not present you do not have to treat with the employer or insurance company’s doctors for the first 90 days.
The right to continue to receive your wage loss benefits
You have the right to continue to receive your wage loss benefits until the following occurs:
- You actually do return to work at equal or greater pay.
- You remove yourself from the labor market.
- The Judge orders or directs that your benefits should stop.
- You fully recover.
The right to a hearing
You have the absolute right to have a Workers’ Compensation Judge assigned to your case to decide any issues that might be pending regarding the nature and extent of your workers’ compensation benefits.