In Workers Compensation claims, the workers compensation insurance company is obligated to pay the reasonable and necessary medical expenses that are caused by the work injury. When you go to the doctor or physical therapy, provide them with your workers compensation claim information. Usually, the medical provider will request authorization from the insurance company for the particular medical care involved. If the insurance company denies authorization, the injured worker can file a Medical Request whereby a Judge will decide if that medical care or expense should be paid by the insurance company. Contact The Law Office of Martin T. Montilino so that the Medical Request can be filed and the proper medical evidence can be obtained.
- Temporary Total Disability. If you are off of work completely due to your injury, temporary total disability benefits are paid. This is paid at 2/3 of your AWW for each week you are out of work.
- Temporary Partial Disability. If, because of your injury and your restrictions, you make less money, then temporary partial disability is paid. This is calculated as 2/3 the difference between your reduced earnings and your AWW.
- Permanent Total Disability. If you become unable to work permanently, then this benefit is paid. It is paid as 2/3 of your AWW and continues into the future or until age 67 depending on the particular circumstances of your case and your retirement plans.
You may qualify for Rehabilitation assistance or Retraining under some circumstances. You may also qualify for Permanent Partial Disability which is based upon your diagnosis and loss of function. This is a rating your doctor will provide several months after the injury is sustained.