Workers’ Compensation fraud is a knowing misstatement of fact for the purpose of obtaining compensation benefits. A workers’ compensation claimant who misrepresents the occurrence of a injury, or fails to report employment, work or work activity can be found to violate the workers’ compensation fraud statute. Work is not limited to employment for wages and […]
Keep ReadingWhat are examples of claimant’s committing workers’ compensation fraud?
A claimant who denied an old knee injury when questioned by an Independent Medical Examiner. A claimant who denied work or work activity on an insurance company questionnaire who was later found to be helping a friend work on his house. A claimant who denied work while “helping out” a friend collect a cover charge […]
Keep ReadingCan I work and still receive workers’ compensation benefits?
Yes, but returning to work affects the amount that you are entitled to receive. It is important to tell your attorney that you have returned to work so they can inform the Workers’ Compensation Board. In some circumstances, returning to work can result in an increase in your compensation benefits. You can also ask to […]
Keep ReadingWhen can the insurance company cut my benefits?
If you have not been to a hearing and thus there is no direction issued by a Workers’ Compensation Law Judge to continue payments at a certain weekly rate, the carrier may cut benefits whenever its own doctor’s estimate of the degree of your disability justifies a lower rate. If a Workers’ Compensation Law Judge […]
Keep ReadingHow long do payments continue?
If your injury is one for which the law provides a scheduled loss of use, payments generally end when you receive the scheduled payments. The schedule applies to injuries to arms. legs, hands, feet, fingers, toes and hearing and vision loss. If you are classified as having a permanent partial disability, payments can continue indefinitely, […]
Keep ReadingHow often should I go to see my doctor?
You should see your doctor at least every 45 days, preferably once a month. However, if you are not under active treatment, your doctor may not want to see you that often. If you do not go to see your doctor regularly, benefits may be stopped for lack of medical evidence of disability. If a […]
Keep ReadingWhen should I start looking for work?
You should start looking for work as soon as your doctor finds you to be capable of performing full duty or light duty work even if your employer cannot provide a job. If you are partially disabled and you do not look for work, the insurance company may seek to cut off your benefits arguing […]
Keep ReadingWhat determines the amount of money that I receive each week in compensation benefits?
The amount you receive in compensation benefits is limited to 2/3 of your average weekly wage up to the maximum amount set by law. This amount is payable if you are totally disabled from any and all work. If you are capable of performing some type of work, even if it is not the type […]
Keep ReadingHow is my weekly average wage determined?
Average weekly wage (AWW) is generally determined by looking back over the year prior to the date you became injured. If you have not worked for the employer for at least one year at the time of your injury, the law specifies that the payroll of a similar worker should be used to determine average […]
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