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B.R., Queens

Off The Record – Workers’ Comp – Impairment Guidelines

Video Transcript

Hi everyone, my name is Craig Rosasco, Managing Partner of the law firm of Turley Redmond & Rosasco. We specialize in workers’ compensation, Social Security Disability, veterans claims, and all types of injuries related to any and all professions. What we’re gonna talk about today is the workers’ compensation impairment guidelines, and what determines your disability rating and ongoing payments during the initial stages of your workers’ compensation case. So here’s a typical case scenario I hear. “I got hurt at work and they started paying me $600. Three months later, they reduced me down to $200.” What does that tell me? That means that they had my client examined by what’s called an independent medical examination, and the insurance company doctor opined that you had a lesser disability than what your own doctor is giving.

So this is what typically happens. Doctors typically examine you, they look at you, and they just check the box saying totally disabled. They presume you’re totally disabled from your job. But the New York State Workers’ Compensation Board does not go by what your disability rating is to your job, it goes by the temporary disability guidelines. And those are very strict guidelines. And it’s very hard to maintain an ongoing 100% disability, which would entitle you to the full two-thirds of your salary. So when you look at those guidelines, what does it say? Under total disability, you have to show that you need a walker, cane, or crutches to ambulate, can’t dress yourself, can’t bathe yourself, can’t drive a car, have partial paralysis, and incontinence. Very, very, very difficult standard to attain long-term, because it presume that when you’re out of work and you’re getting treatment, you’re getting somewhat better. So what happens is your doctor says total, insurance doctor says, “All right, he’s got a 50% disability because he’s got a positive MRI.” Ultimately, the insurance company reduces you.

That’s when you got to call me because now I step in. I take a literal reading of those guidelines, interpret your MRI reports, interpret your findings on examination, and take the insurance company to the court. At that time, I can negotiate a more favorable rate for you so you and your family can survive while you’re out on workers’ compensation. If this has happened to you, I want you to call me, 516-745-5666. I’ve been doing workers’ compensation for 25 years. There’s not an avenue that I haven’t covered nor an insurance company attorney that I haven’t fought with in court, and I’ll be glad to do it for you. Call me now.

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