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Your Workers’ Compensation Questions Regarding Medical Issues Answered —Advice from a Workers’ Comp Attorney in Albany, NY

Erwin, McCane & Daly | Friday, August 05, 2016

There is a lot to familiarize yourself with when it comes to workers’ compensation. One of the most daunting aspects of filing a claim is that of medical issues and how they impact your case. Any time you have a concern regarding treatment, you should speak with a workers’ compensation attorney. This will ensure that you follow all procedures regarding New York workers’ comp laws and get rightful compensation without having to forsake expenses incurred on medical treatment.

Some Common Questions and Answers about Workers’ Comp Medical Issues

Whether you are in the middle of filing your claim or you have been in the process of treatment for some time already, there are possible workers’ comp medical issues that may arise:

  1. Refusing Treatment - If you feel treatments are not working or they are making your condition worse, you may wonder if you can refuse future ones. While you can always refuse, you should discuss these concerns with your treating physician. Going against medical orders could result in a cease for benefit payments.
  2. Selecting a Doctor - In New York, you do have the right to select your own doctor; however you may be required to submit to an independent medical evaluation by another physician as requested by the workers’ compensation insurer. The doctor must still be approved by the Compensation Board in order to administer work-related injury treatments.
  3. Total Temporary Disability versus Permanent Partial Disability - Temporary total disability is assigned when you are unable to do any type of work, while modified or light duty qualifies you for permanent partial disability.
  4. Medical Expenses and Payments - After your compensation case has been accepted by the insurance company or the Compensation Board, medical payments are then covered. The doctor and chiropractor must be coded by the Workers’ Compensation Board to treat you under workers’ comp insurance. Bills must be sent directly to the insurer. For injuries to the back, neck, shoulder, knee, and carpel tunnel, the Board has established Medical Treatment Guidelines which allow medical providers to offer many treatment options that are considered pre-approved. Certain procedures always require explicit approval from the insurance company or the board before it is rendered.
  5. Returning to Work - You are not cleared to return to work until your treating physician says you can. You may still receive medical compensation and wage compensation after returning to work, depending on the duration of medical treatments and if you return on limited hours.
  6. Rehabilitation - The state has access to several rehabilitative services for those injured at work, including job training and placement agencies. Benefits will not be reduced for going through a rehabilitation program.

For more answers to your workers’ comp medical questions, speak with an attorney at Erwin, McCane& Daly today. Our attorneys can help assess special medical concerns with your claim and answer those common questions that can arise during treatments.

Call us today at 518-449-2245 to discuss medical issues with a workers’ comp attorney in Albany, NY or contact us online to schedule your free consultation.