Q. Is it necessary for the worker to retain an attorney?
A. No. However a Licensed Representatives assistance is an option if you are not getting results on your own. Fees are deducted from the injured workers award, as determined by a Workers’ Compensation Law Judge. The injured worker should not pay any money out of pocket for representation in a New York State Workers’ Compensation Claim.
Q. How is the weekly lost wage benefit for temporary total disability determined?
A. The weekly benefit for temporary total disability is calculated by taking two-thirds of the workers’ average weekly wage for the year immediately preceding the accident up to the legal maximum weekly rate in effect on the date of the injury.
Q. Is medical care covered in cases where there is no claim for lost wages?
A. Yes. Medical care is covered even though there is no claim for lost time from work and no cash benefits paid.
Q. Must an injured worker attend Independent Medical Exams when requested to do so by the employer or insurance carrier?
A. Yes. The employer or insurance carrier is entitled to have the worker examined. Refusal to attend an exam may adversely affect the worker’s entitlement to benefits.
Q. Is there a penalty for making a false claim?
A. Yes. Intentional misrepresentation of the circumstances surrounding a claim in order to obtain benefits constitutes a felony.
Q. What is a Schedule Loss of Use Award?
A. This is an award for loss or loss of use of the limbs (Arms, Legs, Hands, Feet, Fingers, and Toes). This award can be made even if there is no lost time from work.