Comments on: A question about New York State Workers Compensation? http://workers-comp-rights.com/worker-q-a/a-question-about-new-york-state-workers-compensation/ Workers Compensation Rights News and Information. Stay Informed, Know Your Rights. Wed, 08 Feb 2012 10:40:16 +0000 hourly 1 http://wordpress.org/?v=3.1.2 By: head tennis racquet http://workers-comp-rights.com/worker-q-a/a-question-about-new-york-state-workers-compensation/comment-page-1/#comment-18963 head tennis racquet Fri, 09 Jul 2010 18:50:23 +0000 http://workers-comp-rights.com/6090/worker-q-a/a-question-about-new-york-state-workers-compensation#comment-18963 Awesome work on the website - gracias! Awesome work on the website – gracias!

]]> By: japans hair civilization http://workers-comp-rights.com/worker-q-a/a-question-about-new-york-state-workers-compensation/comment-page-1/#comment-18343 japans hair civilization Tue, 08 Jun 2010 10:17:05 +0000 http://workers-comp-rights.com/6090/worker-q-a/a-question-about-new-york-state-workers-compensation#comment-18343 Thanks, Very useful resource!! Thanks, Very useful resource!!

]]> By: anon http://workers-comp-rights.com/worker-q-a/a-question-about-new-york-state-workers-compensation/comment-page-1/#comment-17818 anon Tue, 04 May 2010 14:11:27 +0000 http://workers-comp-rights.com/6090/worker-q-a/a-question-about-new-york-state-workers-compensation#comment-17818 You say, and lots of people believe, that because an IME Dr 'works for' the state, or Division of Workers Compensation, those Dr's are employer/carrier "friendly".... WHAT is your thought process on the treating physician... who ALSO is 'paid' by the carrier? Injured workers DO NOT pay out of pocket for any treatment to the claimed/accepted body part. Org poster, you are not going to get reimbursed for the money you lost by not working. You are not going to get money for pain and suffering. Nor is there money for future lost wages. Permanent Partial Disability Part of the employee's wage-earning capacity has been permanently lost on the job. If the work related accident or date of disablement occurred before March 13, 2007, benefits are payable as long as the partial disability exists and results in wage loss, except for schedule loss of use. If there is no wage loss or reduced earnings as the result of the partial disability, only medical benefits are payable. Nor are your indemnity payments based on a number of months payments. The schedule loss award is pre determined, by law and is payable for a number of weeks, and capped, based on your PPD rating. Schedule Loss This is a special category of Permanent Partial Disability, and involves loss of eyesight or hearing, or loss of a part of the body or its use. Compensation is limited to a certain number of weeks, according to a schedule set by law. If the work related accident or date of disablement occurred on or after March 13, 2007, benefits are payable for a maximum number of weeks as determined by the claimant's loss of wage-earning capacity. The maximum number of weeks is set forth in statute as follows: 525 weeks for loss of wage earning capacity of greater than 95% 500 weeks for loss of wage earning capacity of greater than 91% thru 95% 475 weeks for loss of wage earning capacity of greater than 86% thru 90% 450 weeks for loss of wage earning capacity of greater than 81% thru 85% 425 weeks for loss of wage earning capacity of greater than 76% thru 80% 400 weeks for loss of wage earning capacity of greater than 71% thru 75% 375 weeks for loss of wage earning capacity of greater than 61% thru 70% 350 weeks for loss of wage earning capacity of greater than 51% thru 60% 300 weeks for loss of wage earning capacity of greater than 41% thru 50% 275 weeks for loss of wage earning capacity of greater than 31% thru 40% 250 weeks for loss of wage earning capacity of greater than 16% thru 30% 225 weeks for loss of wage earning capacity of 15% or less YOur TTD payments/benefits stop when you are MMI. You are no longer ''disabled'' under the WC definition. Litigation of your claim has nothing to do with the benefits being paid. There isn't really anything to ''fight'' for here. The laws determine the benefits and money you are eligible for. NY allows for a indemnity award to be paid lump sum without commutation to todays dollars. That is about the only good thing in your favor. You say, and lots of people believe, that because an IME Dr ‘works
for’ the state, or Division of Workers Compensation, those Dr’s are
employer/carrier “friendly”…. WHAT is your thought process on the
treating physician… who ALSO is ‘paid’ by the carrier? Injured
workers DO NOT pay out of pocket for any treatment to the
claimed/accepted body part. Org poster, you are not going to get
reimbursed for the money you lost by not working. You are not going
to get money for pain and suffering. Nor is there money for future
lost wages. Permanent Partial Disability Part of the employee’s
wage-earning capacity has been permanently lost on the job. If the
work related accident or date of disablement occurred before March
13, 2007, benefits are payable as long as the partial disability
exists and results in wage loss, except for schedule loss of use.
If there is no wage loss or reduced earnings as the result of the
partial disability, only medical benefits are payable. Nor are your
indemnity payments based on a number of months payments. The
schedule loss award is pre determined, by law and is payable for a
number of weeks, and capped, based on your PPD rating. Schedule
Loss This is a special category of Permanent Partial Disability,
and involves loss of eyesight or hearing, or loss of a part of the
body or its use. Compensation is limited to a certain number of
weeks, according to a schedule set by law. If the work related
accident or date of disablement occurred on or after March 13,
2007, benefits are payable for a maximum number of weeks as
determined by the claimant’s loss of wage-earning capacity. The
maximum number of weeks is set forth in statute as follows: 525
weeks for loss of wage earning capacity of greater than 95% 500
weeks for loss of wage earning capacity of greater than 91% thru
95% 475 weeks for loss of wage earning capacity of greater than 86%
thru 90% 450 weeks for loss of wage earning capacity of greater
than 81% thru 85% 425 weeks for loss of wage earning capacity of
greater than 76% thru 80% 400 weeks for loss of wage earning
capacity of greater than 71% thru 75% 375 weeks for loss of wage
earning capacity of greater than 61% thru 70% 350 weeks for loss of
wage earning capacity of greater than 51% thru 60% 300 weeks for
loss of wage earning capacity of greater than 41% thru 50% 275
weeks for loss of wage earning capacity of greater than 31% thru
40% 250 weeks for loss of wage earning capacity of greater than 16%
thru 30% 225 weeks for loss of wage earning capacity of 15% or less
YOur TTD payments/benefits stop when you are MMI. You are no longer
”disabled” under the WC definition. Litigation of your claim has
nothing to do with the benefits being paid. There isn’t really
anything to ”fight” for here. The laws determine the benefits and
money you are eligible for. NY allows for a indemnity award to be
paid lump sum without commutation to todays dollars. That is about
the only good thing in your favor.

]]> By: Britt Houlahan http://workers-comp-rights.com/worker-q-a/a-question-about-new-york-state-workers-compensation/comment-page-1/#comment-17817 Britt Houlahan Tue, 04 May 2010 06:57:54 +0000 http://workers-comp-rights.com/6090/worker-q-a/a-question-about-new-york-state-workers-compensation#comment-17817 Thank you for this wonderfull blog, I have been lurking for some time, many thanks to the Admin here too. Thank you for this wonderfull blog, I have been lurking for some
time, many thanks to the Admin here too.

]]> By: Dr. Knowe Nuthing http://workers-comp-rights.com/worker-q-a/a-question-about-new-york-state-workers-compensation/comment-page-1/#comment-8896 Dr. Knowe Nuthing Mon, 26 Oct 2009 05:31:46 +0000 http://workers-comp-rights.com/6090/worker-q-a/a-question-about-new-york-state-workers-compensation#comment-8896 Each state is different, however, my state is set up like the laws of New York ( workers compensation ): I will explain this the best that I can. The IME is paid for by Workers Compensation, so the IME is on Workers Compensations side. The IME should have issued a percentage of your loss. Your doctor should also issue a percentage of loss, not just a permanent partial classification. They both, your doctor AND the IME should write down a percentage of loss of your injury. The judge will decide tomorrow of what percentage loss you actually have. Now, with that being said : Lets say you have a 5% loss ( just used as example ) you will get 5 months of payments. A check will be sent to you every month ( one check ) for 5 months. You will only get a portion of the money on the 5th month. I hope you get this figured out....Workers Compensation will stick it up your a..... if you let them. Hopefully you have a good lawyer and hopefully your doctor will stand up for you when you need them to testify. Each state is different, however, my state is set up like the laws of New York ( workers compensation ): I will explain this the best that I can.

The IME is paid for by Workers Compensation, so the IME is on Workers Compensations side. The IME should have issued a percentage of your loss.

Your doctor should also issue a percentage of loss, not just a permanent partial classification. They both, your doctor AND the IME should write down a percentage of loss of your injury. The judge will decide tomorrow of what percentage loss you actually have.

Now, with that being said : Lets say you have a 5% loss ( just used as example ) you will get 5 months of payments. A check will be sent to you every month ( one check ) for 5 months. You will only get a portion of the money on the 5th month.

I hope you get this figured out….Workers Compensation will stick it up your a….. if you let them. Hopefully you have a good lawyer and hopefully your doctor will stand up for you when you need them to testify.

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