What is a Traumatic Injury?
A traumatic injury is a one-time incident or event like a slip and fall, crash, lift that causes sudden injury.
What is a Non-traumatic Injury?
A non-traumatic injury is brought about by conditions of work like chemical hypersensitivity, toxic exposure or repetitive motion.
What is a Notice of Injury?
A Notice of Injury is written notice by you to your employer that you were injured on the job. It must be filed within 30 days of the date of your injury.
What is the Notice of Claim for Compensation?
A Notice of Claim for Compensation is a request for payment of compensation due to the work injury. The request for compensation must be filed within 3 years of the date of your accident.
This form is used for traumatic injuries. It provides a notice of injury AND claim for compensation.
This form is used for non-traumatic injuries. It provides a notice of injury AND claim for compensation.
This form is used for recurrent injury. This area is tricky. You may wish to call us if you feel you have a recurrence of a prior injury to discuss the facts.
What is Continuation of Pay (COP)?
Continuation of Pay (COP) is regular pay subject to taxes and payroll deductions and is provided in the first 45 calendar days following a traumatic injury.
How much do I Get Paid on Workers' Compensation?
You are paid at 2/3 of your pay rate. The percentage can be augmented to 75% in many instances if dependents are involved.
How is My Pay Rate Determined?
There are a number of elements that may apply to the calculation of your regular pay. Essentially all the elements that make up your regular pay should be included in the calculation.
Claimants injured by traumatic injury should request this form immediately from the employer. It should be provided to you within four hours and guarantees payment of all medical bills related to your accident for 60 days. You must request it within a week of the accident.
Who Chooses My Primary Treating Physician?
You have the right to select your own primary treating physician. The doctor will issue treatment, testing and referrals to other physicians if necessary.
What is the Statement of Accepted Facts? (SOAF)
It is the compilation of findings made by the claims examiner that he or she feels is relevant to the medical issues in your case. It is vitally important that you and your attorney see the SOAF to be sure that you agree with same. The claims examiner will forward that to the second opinion, IME or referee doctor as the baseline of facts that the doctor should work off of.
What is the Claimant's Statement of Facts?
All the important factors surrounding your case. It will be utilized by your doctor to form the basis of his opinion and your need for treatment.
Why Does the Claims Examiner Request a Second Opinion, Referee or IME Doctor Exam?
The claims examiner usually wants to create a conflict with what your doctor has already opined. The CE will usually need to secure the opinion of another doctor (second opinion) to create that conflict. The referee or IME opinion usually will come later in trying to resolve the conflict.
Must I Go to a Second Opinion, Referee or Independent Medical Evaluation?
It is very important that you attend a properly noticed appointment as your benefits may be suspended for failure to attend. Consult with your attorney to determine whether or not the appointment has been properly and legally noticed.
What is the Claims Examiner's Obligation Regarding Modified Duty Job Offers?
It is the claims examiner's job to get you back to work with your restrictions as soon as possible. He or she must follow specific guidelines in returning you to work. If those guidelines aren't met, you may not need to accept the job offer.
What are My Obligations in Regard to Accepting a Modified Duty Job Offer?
You should determine if the job offer is suitable. Provide the job offer to both your physician and your attorney for determination regarding suitability of the position and your legal obligation to accept the offer.
Do I Have Disability Options?
There are circumstances within which you can receive more that one type of payment from the federal government. You should contact your attorney regarding the best combination of ongoing compensation from federal workers' compensation, federal disability retirement income, Social Security Disability, schedule award and VA benefits.
What is My Best Choice for Appeal Once the Claim is Denied?
In most instances you have three options of appeal. They include:
- Request for a hearing.
- Appeal to the Employees Compensation and Appeals Board.
- Application for reconsideration.
You have a different time limit within which to apply for each. The best choice will be dependent entirely on the facts and circumstances of your case. It is highly advisable to talk to your attorney as soon as possible as the time to appeal varies with the type of request that you make.
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