There is a misconception that an injured worker needs to be out of work in order to be compensated for a permanent injury under the Worker’s Compensation Law in New York. However, depending on the body part involved, the severity of the injury, and indemnity payments received, it is quite possible to receive a monetary award even while working or after losing minimal time from work.
How does the process work? First, assuming that a worker’s compensation claim has been timely filed and found compensable, the injured body part has to be on the “schedule.” The body part is typically an extremity (think arms, legs, feet, hands), or the injury involves the loss of vision or hearing. Unfortunately, the spine is not on the schedule. Second, the injury must be permanent and must limit the function of the body part(s) in a such a way that a physician is able to measure and explain. And no – surgery is not required – only that the injury is permanent.
Finally, sufficient time must have elapsed in order to reasonably conclude that the injury has healed to the maximum extent possible. Maximum healing is typically understood to have taken place one year after the injury or surgery, more or less. Of course, insurance companies do not volunteer these financial awards. Insurance companies will employ their own doctors to provide medical “opinions” on the severity of the injuries. Often times, these opinions are not credible and can be compromised by the insurance company’s own interest. When there is a difference of opinions between the treating physician and the insurance company doctor and no compromise is reached, the doctors will have to testify under oath. In the best case scenario the injured worker’s attorney is good at poking holes in the “opinion” of the insurance company’s doctor so that the Law Judge will be swayed more by the opinion of the treating physician, and make the just and fair award.
Go to https://www.gabriellegal.com/ to learn more.
