Assessing Your Need for Workers’ Comp After an Injury
If you file a workers’ compensation claim in New York, you need to undergo an independent medical evaluation (IME) to diagnose your injury and determine if, and if not, when, your maximum medical improvement (MMI) will be reached. You may also need to complete a functional capacity examination (FCE) to determine your functional capabilities. In addition to these physical evaluations, you may be required to undergo a psychological evaluation to determine your level of impairment. This is known as an independent psychological evaluation (IPE) and it is used in cases where workers are impaired by conditions such as depression, anxiety, and post-traumatic stress disorder following a workplace accident.
At an independent medical evaluation (IME), a doctor associated with your company’s workers’ compensation provider diagnoses your injury and recommends a treatment plan, which is then used to determine your compensation amount. Ideally, these evaluations and the doctor’s recommendations are completely objective, but they can be biased toward downplaying your injury. Working with an experienced lawyer can help to ensure that your injury is evaluated completely.
An IPE is performed to determine how much a claimant’s psychological trauma impairs his or her ability to perform his or her job and the type of treatment that he or she needs to overcome the trauma. These findings are used to determine an appropriate compensation amount for the claimant. Like with an IME, working with a lawyer can ensure that your IPE is conducted and reported completely.
How your Benefits are Calculated
The results of your examinations are used to determine the percentage that you are disabled. This percentage is used to determine your weekly workers’ compensation benefit through the following algorithm: 66 percent of your average weekly wage multiplied by the your disability percentage. Put into numbers, an individual who earns $500 and is deemed to be 80 percent disabled will receive $264 per week. The amount of compensation an individual may receive for his or her lost wages is capped at a specific amount determined by when the injury occurred.
Claimants may also receive medical benefits, which is compensation paid to cover their medical expenses related to the original injury. If the claimant suffered the permanent loss or disability of a limb, extremity, injury to the face or head, or vision or hearing loss, he or she may receive a Scheduled Loss of Use (SLU) award, which is an additional cash payment calculated through a specific set of factors.
Work with an Experienced New York Workers’ Compensation Lawyer
If you are suffering from an injury sustained in a workplace accident and you are now pursuing a workers’ compensation claim, help yourself to reach a favorable settlement by working with an experienced New York workers’ compensation lawyer. Contact The Robert A. Koenigsberg Law Office today to schedule your initial consultation with experienced workers’ compensation lawyer Robert A. Koenigsberg, who can advocate for you through the completion of the workers’ compensation process.