PREVIOUS INJURIES

In my experience, the biggest mistake workers make on a day-to-day basis is to not fully disclose what prior injuries they ever had.

Here is the easiest way to stay out of trouble:

• Make a written list of every injury you ever had in your whole life.     

• Tell the carrier and the Board about every injury you ever had, even if you think it’s not relevant.  “The biggest mistake workers make on a day-to-day basis is to not fully disclose what prior injuries they ever had. ”The easiest ways to get in trouble and the common mistakes Workers’ Comp clients often make including the following (listed from the smallest to biggest error):

1. I didn’t mention that previous injury on my C-3 claim form because the previous injury wasn’t a Workers’ Comp case.

2. I didn’t mention that previous injury on the questionnaire the IME doctor gave me because I think it may have been a different part of my body that I injured before.

3. I didn’t mention that previous injury to my doctor because

she has all the records and should know I was injured before.

4. I didn’t mention that previous injury to my employer’s doctor because the employer has all of the records about my previous injury because it happened at the same employer.” Do not assume anything. If you assume someone in the WC case knows about any of your previous injury or injuries and you don’t come out and actually list them, especially if you are asked about any previous injuries, you may be accused of fraud.

1. http://mydisabilityatty.com

M E D I C A L T R E A T M E N T

Many parts of the body (like shoulders, neck, knees, and back) are covered by the Medical Treatment Guidelines (MTGs). If a body part is covered, then there is a certain amount of treatment that an injured worker is allowed. Depending on the situation, an injured worker’s doctor must ask permission to give more treatment than what is allowed by filing one of a group of special forms with the Board. Often doctors fill out the wrong form or fill out the right form incorrectly, leading to a denial of treatment to the unsuspecting injured worker. Under the MTGs, many treatments and many types of surgery are pre-authorized. This means a Workers’ Comp treating doctor can provide the treatment or surgery without the delays inherent in waiting for the carrier or the Board to approve them."For a free consultation to explore your legal options call the attorney at Daniel M. Morrin today" (516) 307-8000 and also visit our website. http://mydisabilityatty.com

PAIN

Most of my clients suffer from pain.The Workers’ Compensation Law does not recognize pain, or suffering, as an item that is compensated with money.

At best, it is just one factor that is considered when the Board decides whether someone is disabled or not.

“The Workers’ Compensation Law does not recognize pain, or suffering, as an item that is compensated with money. ”Be that as it may, pain plays a big role in the WC system. Often,

workers are forced back to work despite being in extreme pain. Carriers must pay or reimburse for pain medications if the medications are related to the accident. There are even Medical Treatment Guidelines (see below) that deal with chronic pain. A huge problem in my opinion is that law judges often underestimate the amount of pain a claimant is in. This error may lead to decisions that find a client not disabled or mildly disabled when he or she is in fact totally incapable of working because of pain. The difficulty lies in the fact that no one can really know the pain someone else is experiencing. At best, it’s just an educated guess. Judges do not automatically find a disability, even if the injured worker claims to be in severe pain for obvious reasons. It is a lot more complicated than that (see Proving Disability). "For a free consultation to explore your legal options call the attorney at Daniel M. Morrin today" (516) 307-8000 and also visit our website. http://mydisabilityatty.com

TEMPORARY OR TENTATIVE RATES

If there is a money award made to a claimant by the WCB and the written decision lists “TR” (“tentative rate”) next to the weekly figure, then the weekly rate is “temporary” (tentative.)

In other words, it is not written in stone and can be changed. The primary purpose here is for situations in which the judge or Board has conflicting medical reports or currently lacks the necessary information to calculate the exact weekly money rate that is owed. Instead of paying nothing until the conflict is resolved or the information is obtained, the Board awards a TR for the time being and then revisits this weekly rate, and possibly modifies it retroactively, at a later hearing.

http://mydisabilityatty.com