Where do I get a workers’ compensation claim form?
Your employer is required to provide you a workers’ compensation claim form if they suspect you may have had a workers’ compensation injury and/or claim, or if you ask for one. If you were not provided a claim form, it’s a red flag your employer may not be properly insured or is willfully avoiding submitting a claim. You should immediately contact a workers’ compensation attorney if either occurs.
What does it mean to have a commutation of award?
Commutations of a permanent disability award are somewhat common in the workers’ compensation system. It’s a way to provide you with a lump sum payout rather than small trickle payments over your working lifetime. For example, if you had a minor disability that equated to $327 per month for life, you could ask to have your award commutated and paid in a lump sum now.
What is a C&R?
Abbreviations in the workers’ compensation systems are very common, and a C&R is one of the most regularly used. It is a short-hand way of saying “compromise and release”. A compromise and release is when you receive a single lump sum payment now and waive any and all future rights against your employer or the insurance company for claims arising of out your injuries, including medical bills. C&R’s can be very beneficial, but accepting a compromise and release should not be done without the advice of a workers’ compensation attorney.
What does cumulative injury mean?
Generally speaking, injuries are catheterized into two types: cumulative or traumatic. A cumulative injury is one that occurs over time. Cumulative injuries are often the result of repetitive motion or repetitive/long term exposure to chemicals or stress. A traumatic injury is usually the result of a single and isolated event such as a fall off of scaffolding or being hit by a car while on the job.
What are death benefits?
When an employee dies as a result of an on-the job injury, the employee’s dependents, including his/her spouse may be entitled to certain monetary benefits. The benefits are related to how much the claimants relied upon the employee for financial and other support. These benefits can be several hundred thousand dollars or more if there was third party liability and/or serious and willful misconduct giving rise to the death.
What do I list for the date of injury on my workers’ compensation claim?
For a single isolated traumatic injury, the date of injury is the day it happened. For a cumulative injury or one created by repeated exposures, the date of injury is the date you realized the injury was caused by work. The date you list for the date of injury can have an impact on whether your claim is accepted or denied. If you have a cumulative injury or repetitive injury claim, you really should consult with a workers’ compensation attorney to make sure you list the correct date.
What does it mean to DOR a case?
DOR is another regularly used abbreviation by workers’ compensation attorneys and means to file a Declaration of Readiness to Proceed. Similar to a complaint in a civil case, it is a request to have a matter heard and decided by a workers’ compensation judge. A DOR is filed when a matter can’t be resolved with the insurance company. The filing of a DOR doesn’t mean the matter still can’t be amicably resolved. In fact, sometimes filing the DOR is just the nudging needed to get the insurance company to amicably resolve the matter.
Who is a Defendant in a workers’ compensation case?
Theoretically, a workers’ compensation case is not supposed to be adversarial, but administrative. However, that theory doesn’t apply in real life, as employers and insurance companies often dispute valid claims. The role of Defendant depends on what the claim being made is from. The defendant is often the name of the insurance company, but in some cases may be your employer. If you are unclear as to who should be listed as a defendant, you should consult a workers’ compensation attorney.
Why are my benefits being delayed?
If an insurance carrier isn’t paying you benefits, they are required to send you a letter explaining why they have been delayed or denied. If they are being delayed, the letter must provide the reason for delay as well as the information needed to avoid further delay.
What is a denied claim?
If your claim is denied, this means the insurance company believes you were not injured or your injury was not work related.
Why am I being asked to complete a description of job duties?
A description of employee job duties, also known as a RU-91 is a form that is filled out jointly by you and the insurance company. It is traditionally provided to your treating physician so he/she can determine if you are able to return to your normal job and, if so, what type of on the job restrictions should be included.
What is a Determination and Order?
A Determination and Order (D&O) is the written decision by the Rehabilitation Unit of the Department of Workers’ Compensation. It is like a court order, but specific to claims and disputes over vocational rehabilitation (voc rehab) rights.