Physically capable of doing a job.
Workers' Comp Law Firm
Here, at Erwin, McCane & Daly, we pride ourselves on helping you get the information you need, efficiently and effectively.
It’s our goal to help you feel informed and empowered when deciding to work with a workers’ compensation attorney. That’s why we’ve put together this glossary of terminology we use to help you better understand what we do.
We hope you use this glossary as a resource to gain a deeper understanding of workers’ compensation and how we can assist. So, as your browse our content, please don’t hesitate to refer to this guide.
Our guide is in alphabetical order and contains a brief definition or description to help you better understand the terminology being used.
Remember: If you have specific questions, feel free to contact us. We’ll be here to help you gain a better understanding of workers’ compensation. So, you can feel encouraged that you’re making the right decision when filing.
Be sure to check out our blog. We have a large library of informative articles that can help you find the right answer to the questions you have.
Physically capable of doing a job.
A summary of a document or record.
Assists individuals with disabilities to achieve and maintain employment and support independent living. One of the board approved organizations with which a workers’ compensation claimant can demonstrate attachment to the labor market.
An Administrative Law Judge is the presiding official at administrative hearings. They resolve disputes between a government agency and someone affected by the government agency’s decisions.
An enforceable order issued by an ALJ at the end of an administrative proceeding.
The doctor your attorney and the insurance company agree on to conduct the medical examination to help resolve your dispute.
An application to a higher court for a decision to be reversed.
A court session in which a claimant fights to have their initial verdict reversed or changed.
Oversees the hearings and appeals process for the Social Security Administration. The appeals council is the last administrative decision level in the process before a claim appeal has to go to Federal Court.
The process of applying for Social Security benefits, Supplemental Security Income payments or Medicare where you must sign and complete an application.
The act of appraising or evaluating.
A required letter or form sent by the insurance company to inform of benefits you may be entitled to receive.
A panel that reviews workers’ compensation cases in order to amend decisions made by workers’ compensation law judges, considers applications for lump sum non-schedule adjustment awards and reopens closed cases. Board panels usually consist of three board members, at least one must be a lawyer.
A legal dispute between two or more people or entities based on non-criminal statutes. In the case of a disability claim, a civil lawsuit is the last step of the claims appeal process. A civil action is filed and a Federal judge reviews the case in order to determine if the SSA was at fault in denying the claim.
A demand or request for something considered one’s due.
The person making a claim.
Form used to show a claimants efforts to attach to the labor market. Records independent job search efforts and/or efforts made with the assistance from outside job placement services. Can be completed without completing Form c-258.
Form used to show a claimants efforts to attach to the labor market. Records independently conducted job search efforts.
Insurance companies and others that handle your workers’ compensation claim.
An order by a workers’ compensation judge for a lump sum payment of the permanent disability award.
A program created by the SSA to speed up the disability claim process. Some, but not all, medical conditions are designated Compassionate Allowance. These serious and easily proven medical conditions can allow for fast approval of benefits claims based on a small amount of medical data.
The function of ensuring that all employers required to do so carry workers’ compensation or disability benefits insurance coverage.
Employment of one worker in more than one job during the same period.
When an insurance carrier or employer is disputing the validity of a claim. Benefits may not be received while a claim is controverted.
An injury that was caused by repeated exposures or events at work.
Benefits received by survivors of workers who have died from a work-related injury or illness. Often determined through the earnings of the deceased and the number of dependents eligible for benefits.
When you’re ready to resolve a dispute, this is the form used to request a hearing before a workers’ compensation judge.
A percentage given to an injury which determines the severity of an injury and the percentage of wage to be received until permanent loss of wage earning capacity is determined.
When a disability claimant does not have the resources to get food, medicine or shelter, the case may be treated as a critical case by the SSA. Adequate evidence of the claimant being in dire need of their ‘basic needs’ will be necessary for qualification.
State agencies, funded by the United States Federal Government. Their purpose is to make disability findings for the Social Security Administration (SSA).
A specialist who works at a state agency whose function is to evaluate disability claims (both social security disability and SSI disability for the social security administration). These state agencies are disability determination services.
A form of insurance that insures the beneficiary’s earned income against the risk that a disability can create a wall for an employee that keeps them from completing the main functions of their job.
The Social Security Administration considers you disabled under Social Security rules if you meet all three of these criteria:
A list of generic and brand name prescription drugs used by practitioners to identify drugs offering the greatest overall value. A Drug Formulary is maintained by a committee of physicians, nurse practitioners and pharmacists.
A basis for a claim of damages in lawsuits for injury due to the negligence.
A unique employer identification number assigned by the Board. This number is generated by the Insurance Compliance system for each employer on record at the Board. It is stored in the Common Employer Database, for use by both Workers’ Compensation and Disability Benefits. The Employer Number is the primary identifier for all employer records and documents, and is the preferred means of searching for employer records.
Refers to the workers’ compensation system’s status as the exclusive remedy of an employee against her/his insured or lawfully self-insured employer. The system is the sole recourse that the employee, and/or her/his dependents or representatives have against such employers for injuries or death resulting from a work-connected accident or occupational disease.
A determination made within capped Permanent Partial Disability claims where claimants are found to have a Loss of Wage earning Capacity (LWEC) exceeding 75
A nine-digit tax identification number assigned by the IRS for all employers other than sole proprietors. (A sole proprietor uses his social security number [SSN] as his business’s tax identification number.)
The Federal law concerned with ensuring public access to federal government records, with limited statutory exceptions. The New York State version (Public Officers Law, Article 6 – commonly referred to as the Freedom of Information Law or FOIL) requires all state and local government agencies to provide public access to all of their records, with limited exceptions. The Board has taken the position that claim information is not subject to FOIL as excepted based on personal privacy considerations.
A multiplier that increases the disability rating based on how much wage loss a type of injury causes on average when compared to other types of injuries.
The Workers’ Compensation Law provides that no case may be closed without notice to all parties interested, with all such parties having an opportunity to be heard. The Workers’ Compensation formal “hearings” are held before Workers’ Compensation Law Judges who hear and determine claims for compensation, for the purpose of ascertaining the rights of the parties.
Also known as a Permanent Disability Rating, an IRE is a medical examination which assesses the severity of a permanent impairment resulting from workers’ compensation injuries.
Indemnity and medical losses that are recognized by a carrier at a particular valuation date, including (a) payments already made, (b) reserves for future payments, (c) estimated present value of future payments, if applicable and (d) deductions for benefit offsets, subrogation or other deductions from losses, if applicable.
A medical examination evaluating mental or physical injury which is performed by a doctor who was not previously involved in a claimant’s medical care. Independent medical examinations are often ordered by workers’ compensation carriers when disputing a workers compensation claim but can also be ordered by the court.
The first time a claimant submits their request for something considered their due.
Court order obligating a debtor to pay. The Workers’ Compensation Board obtains judgments against employers that fail to pay penalties.
In regard to Workers’ Compensation, labor market attachment is the proof necessary to show that you are taking the steps to find employment which lies within your physical limitations.
A session in which a claimant meets with a lawyer for advice.
(a) Any person other than an attorney who is authorized by the Workers’ Compensation Board to represent claimants before the Board and, in some instances, to receive a fee, fixed by the Board, for such services; also (b) Any person other than an attorney who is authorized by the Workers’ Compensation Board to represent self-insureds before the Board.
A Workers’ Compensation Standard used to evaluate non-schedule permanent impairments and to determine the amount and duration of lost income benefits to be received.
A level an injured employee reaches in which no medical improvement can be expected by continuing medical or rehabilitative procedures.
A private, non-profit association of licensed insurance companies that provide workers’ compensation insurance in New York. The organization is responsible for, among other things, collecting and reviewing compensation loss experience from carriers, developing policy forms and rating plans, conducting actuarial analyses, and preparing rate filings with the (New York State) Insurance Department.
A federation of 3,000 affiliated public sector, private sector and building trades unions throughout New York State. The federation is committed to the fight for social and economic justice by working with their affiliates, area labor federations, central labor councils and community allies.
A statewide coalition of injured workers and other stakeholders committed to protecting the rights of injured workers under the NYS Workers’ Compensation Law.
A workers compensation award given to those who have permanent disability involving a body part or condition not covered by a SLU award (e.g. brain, heard, spine, pelvis, lungs, etc.). Non-schedule awards are based on permanent loss of wage earning capacity.
Any condition or disorder (includes acute and chronic illnesses or diseases) resulting from exposure to environmental factors associated with the work environment. These can be caused by absorption, ingestion, or direct contact or inhalation.
Any injury (sprain, fracture, amputation, etc.) resulting from a work accident or exposure in the work environment.
Responsible for holding hearings, issuing decisions, and reviewing appeals as part of the Social Security Administration’s process for determining whether a person may receive benefits.
Workers who have reached maximum medical recovery and remain with permanent impairments but retain limited ability to work. These types of benefits are often limited to a specific duration or aggregate dollar amount.
Workers who have reached maximum medical recovery but are still deemed to have significant impairments which prohibit them from performing the work they were doing prior to injury. These workers receive permanent total disability benefits. Very few claims result in permanent total disability.
The time in which the Workers’ Compensation Board accepts comments from the public on proposed actions and decisions. In the case of workers’ compensation reform this period of time allows the public to participate in the administrative decision making process regarding proposed reform to workers’ compensation law.
Injured worker who will most likely never be able to return to their prior job and working conditions but will likely be able to find a suitable job after receiving vocational rehabilitation.
To demonstrate the proper knowledge, documentation and by fulfilling proper conditions in a matter.
A method the SSA uses to process SSI and SSDI claims quickly. Through a predictive computer modeling program, electronic files are analyzed to determine if there is a high probability that a disability benefits applicant will be found disabled.
A rule or law prescribed by authority, especially how it pertains to conduct.
A workers compensation award given to those who have permanent injury to specific body parts (e.g. hands, arms, feet, legs or hearing or eyesight). SLU awards are an additional cash payment given if the level of use of an injured body part is not the same after maximum medical improvement is achieved. Awards are limited to a specified number of weeks based on the specific body part and degree of disability.
An agency of the United States federal government that administers Social Security (social insurance program that consists of retirement, disability, and survivors’ benefits).
An independent agency of the United States Federal Government who administers Social Security, a social insurance program consisting of retirement, disability and survivors benefits.
Notification presented to such agencies to prove your ineligibility for a SSN and support that your ineligibility should not restrict you from obtaining such services.
Social Security Disability is a total disability program, not a short-term or temporary disability program for individuals.
An attorney that specifically deals with Social Security and Disability cases.
The amount you receive each month will be based on your average lifetime earnings before your disability began.
Supplemental Security Income is a United States government program. The program provides stipends to people of low-income who are either 65 or older, blind, or otherwise disabled. SSI is funded from the U.S. Treasury general funds, not the Social Security trust fund. Terminal Illness Cases (TERI) or TERI Program
Workers who are able to return to work before reaching maximum medical recovery. These workers return with less responsibilities and decreased salary. Temporary partial disability benefits are received in these cases.
Workers who are temporarily unable to perform their job or another job for their employer that they would have been able to perform before injury. Most of these workers recover fully and are able to return to work. At that time, the distribution of benefits end.
Claimants who have a partial disability but are unable to work due to additional factors such as age, education, job skills, etc. may be classified with total industrial disability allowing them the ability to receive lifetime benefits like that of someone classified with a permanent total disability.
An “expert witness” called by the SSA to testify at disability hearings.
Allowance benefits paid to an injured worker who is participating in vocational rehabilitation.
Used when deciding weekly wage for a young claimant whose wage would have been expected to increase under normal conditions. The wage rate determined is an artificial rate and is given to claimants under the age of 25 (at the time of injury).
The amount of pre-injury wages replaced by workers’ compensation benefits.
To refrain from insisting on or using a right or claim.
A form of insurance and protection that provides wage/pay replacement and medical benefits to those employees who are injured during the course of their employment, in exchange for a mandatory surrender of the employee’s right to sue his/her employer for negligence.
A government agency that actively reviews disputes arising under the worker’s compensation statutes. The functions of board include:
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