Disability

+Medical Care and Expenses
Your medical expenses including doctor bills, physical therapy and prescriptions should be paid 100% by your employer. If you are receiving any bill or are asked to pay a copay, it is a red flag that something is wrong. We can help if there is a problem.

Prescriptions. If the doctor writes a prescription, call your employer or claims adjustor and ask where you should have the prescription filled to avoid any out-of-pocket cost.

Your employer does have the right to select the doctor. You do have the right to a second opinion but you will need to pay for the opinion.

+Temporary Total Disability
TTD is payments for lost wages. If you are out-of-work because of your injury, your employer should be paying you two-thirds of your average weekly wage subject to a waiting period (3 working days) and subject to the state maximum allowance if the doctor states you are unable to work because of the restrictions the doctor imposed. If you are off fourteen days, the first three days should then be paid. TTD should be paid until you reach maximum medical improvement (MMI.)

Generally, your TTD is figured by taking the average of the preceding 13 weeks of pay (your average weekly wage or AWW) and multiplying it by .6667. Overtime is included in figuring your average weekly wage.

If you missed more than five regular or scheduled work days during the 13 weeks before your injury, the calculation of average weekly wage is made using less than 13 weeks. TTD benefits are paid when you are off work due to injury or have been released to limited duty but the employer cannot accommodate the restrictions.

+Temporary Partial Disability
TPD is also payment for lost wages. Temporary partial disability is paid when you have returned to work but are not working as many hours as you did before the accident. You are due .6667 % of the difference between what you would have earned had you gone back to full time duty and the amount actually being earned in your modified or restricted capacity. It is important to keep all your pay stubs and copies of any check you are receiving.

+Permanent Disability
If you have a lasting effect from your injury, you are generally entitled to a lump sum payment for that disability which can be permanent partial disability (PPD) or permanent total disability (PTD). The legislature has assigned values in terms of weeks of compensation to various parts of the body and to the entire body. The lump sum payment you receive will close your case. Individuals who hire attorneys on average receive twice as much in compensation as individuals who do not hire attorneys. You will live with the disability for the rest of your life, you need compensation that reflects this. Dean Law Offices LLC makes certain that your rating is done correctly, with a doctor who is specialist and who has all the medical records and knowledge of the facts and legal issues. If a vocational expert is necessary, we provide the vocational expert with the needed information and knowledge of the facts and legal issues so his or her report is accepted at the time of the hearing.

+Permanent Total Disability
If you are permanently and totally disabled from all types of employment, you may qualify for permanent total disability benefits. In order to qualify for PTD you must be unable to work in any line of work in the labor market because of your compensable injury or occupational disease. The weekly rate for these benefits is the same as the temporary total rate.

The lump sum payment you receive will close your case. Individuals who hire attorneys on average receive twice as much in compensation as individuals who do not hire attorneys. You will live with the disability for the rest of your life, you need compensation that reflects this. Dean Law Offices LLC makes certain that your rating is done correctly, with a doctor who is specialist and who has all the medical records and knowledge of the facts and legal issues. If a vocational expert is necessary, we provide the vocational expert with the needed information and knowledge of the facts and legal issues so his or her report is accepted at the time of the hearing.

Copyright © Dean Law Office LLC, 2010

Margaret Dean 816-753-3100