Work Injuries
If you have had an injury while you were working, you may be entitled to important benefits that your employer is required to provide to you by law.They include, among other benefits:
- Medical treatment to cure or relieve your injuries.
- Medication prescribed by your treating doctors.
- Temporary Disability payments if your treating doctor says you are unable to do your usual job duties and they cannot be modified so you can continue to work.
- Permanent Disability payments if, after you have had all reasonable and necessary medical treatment, you do not fully recover.
- A voucher for job retraining if you are unable to return to work for the employer where you were injured.
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The workers’ compensation system is like a jigsaw puzzle. Finding your way through the system is often complicated and frustrating. You can rely on Richard Laden to guide you through the system and fight for you to get everything you need and are owed if you are injured at work.
Frequently Asked Questions
How do I find a doctor to treat my injuries?
Your employer is required to have workers’ compensation insurance. Most insurance carriers have a Medical Provider Network (MPN). Your employer or the insurance carrier has the right to send you to the MPN doctors for the first 30 days.
What do I do if the treatment I am receiving is not helping or I don’t like the doctor?
After the first 30 days, you have the right to select a different doctor from the MPN to continue treating you. We are familiar with many of the doctors in the insurance carriers’ MPNs. We can help you make a good choice if you are not satisfied with the treatment you have been receiving.
How much treatment can I have?
You are entitled to all the medical treatment that is reasonable and necessary to cure or relieve your injuries. Usually, the employer’s workers’ compensation insurer wants you to be treated and released as soon as possible, often before you feel you are ready to return to work. When a dispute over treatment comes up, we will fight for your right to have what you need, not just what the insurance carrier wants you to have.
How much do I get paid while I am off work?
Temporary Disability (TD) is based on your Average Weekly Earnings (AWE) in the 52 weeks before you were injured. The rate is two-thirds (2/3rd) of the AWE and there is a legal minimum and maximum. Depending on when you were injured, the benefit rate may change.
The minimum weekly benefit may change periodically. For example, in 2018 and 2019 the minimum was $182.29 and the maximum weekly benefit in 2018 was $1,215.27 and in 2019 it was $1,251.38. You can be paid TD benefits for up to 104 weeks (2 years) either consecutively or in broken periods. We make sure that the insurance carrier pays you the right amount of weekly benefits and for the right periods of time. We will fight in court to protect your rights to payment.
What happens if I don’t get better?
Unfortunately, some injuries do not heal completely, and you are left with limitations or pain that interfere with your ability to work. This is called Permanent Disability (PD) or Whole Person Impairment (WPI). Different doctors may have different opinions about how much PD/WPI you have. This frequently results in a dispute between you and the insurance company. I will do everything needed to be sure that you receive the compensation you deserve including, if necessary, a trial before a workers’ compensation judge.
There are different ways your case can be resolved. I will explain all of your options so that you can make a clear and informed decision about what you want to do. In the end, the decision will be yours to make but it is my job to be sure that you understand all of the options.
