Sunday, August 6, 2017

Can I get my workers compensation if I can't return to work?

When drawing worker’s compensation, the goal is to get you back on your feet as quickly as possible. Unfortunately, that does not always happen, as many people reach the point of Maximum Medical Improvement or MMI without making a full recovery.
What exactly is MMI, and how can it affect your worker’s compensation claim?
Here is some important information you need to know.
Definition of MMI
MMI occurs whenever further improvement of your condition is unlikely regardless of how much medical treatment or rehabilitation you endure. In other words, things are as good as they are going to get. It doesn’t mean you are better, but rather that you have reached a plateau in your recovery and are not apt to go over it. Your treating physician is normally the one who determines an MMI date. However, an insurance provider may sometimes request an independent medical examination to come up with one as well.
Criteria Used to Evaluate
In determining MMI, a doctor may rely on one or more of the following:
  • Results from medical testing
  • Physician notes
  • Examination from specialists
Benefits May Cease
Once MMI has been established, you will no longer be eligible for Temporary Total Disability (TTD) or Temporary Partial Disability (TPD) payments. Rather, your physician will provide you with an impairment rating, which will then be used to determine your disability benefits. The rating may be one of the following:
  • Whole Person Impairment (WPI), which involves a permanent impairment of any body part
  • Partial Impairment Rating (PIR), or a partial disability which is expressed as a percentage
Medical Treatment Following MMI
Medical treatment may also cease or be greatly reduced. Patients are sometimes afforded medical care only to help them manage their symptoms, but not to assist them with getting better. Co-pays are sometimes required for doctor’s visits, particularly for those who are earning the same or more than before they were injured.
If your case is not yet settled, you will need to see a doctor at least once during a 12-month period. Otherwise, the statute of limitations on your case will expire, and you could be left without recourse.
Returning to Work
Your provider may advise your employer to make certain accommodations on your behalf. This could involve allowing you to sit rather than stand, or transfer you to a different department. It isn’t always possible to make the necessary accommodations, in which case your inability to work will play a key role in negotiating your settlement.
You might also become eligible for Permanent Total Disability (PTD) benefits. In that case, Wisconsin law provides that weekly benefits be paid to you for life. PTD benefits are normally provided only in extreme situations as determined by the Worker’s Compensation Division of the state’s Department of Workforce Development.
Seeking a Second Opinion
If you have reached MMI, yet feel you have not yet reached maximum improvement, you are entitled to a second opinion. Likewise, if your condition worsens within the next two years, you should seek medical attention again. Your physician will then determine whether or not you have experienced a downturn in symptoms, and can then advise as to the necessity of further treatment.
Protecting Yourself After MMI
Upon reaching MMI, many people are faced with the loss of benefits or might find that the disability ratings they were given are inadequate. Insurance companies often pressure doctors to provide MMI ratings, even when further treatment could make a difference. As such, it is not uncommon to receive false MMI ratings either. If you have recently received an MMI rating and are struggling to maintain your benefits, do not try to fight the insurance company on your own. Instead, seek help from a highly experienced worker’s compensation attorney who will make sure your rights are protected.
Are you in need of Workers Compensation Help?
James J Moore of  J&L Risk Management is here to help!
Contact us today for a free workers Compensation consultants if you’ve been injured at work.

Independent Contractor Employee Checklist

Independent Contractor Employee Checklist
The independent contractor employee checklist answers quite a few of the question we receive when I write an article on independent contractors. Yesterday, I wrote an article that included all the IRS independent contractor information. I came across this info at the Hawaii Work Center website. They have distilled the ACE (see bottom of the article) version of the independent contractor employee checklist.
I have used this in my own business when dealing with subcontractors. The Ladder of Insurance(c) serves as a caveat when hiring contractors that have their own employees.
How can I tell if a worker is an independent contractor or employee?
Independent contractor or employee? Below are examples of the questions the courts may review in making a determination.
The most important consideration is that of control: Does the employer have the right to control or direct only the result of the work, and not the means and methods of accomplishing the result? If so, it is more likely that the worker will be considered an independent contractor.
Thus, the following factors may be considered in determining whether the employer has sufficient control over the worker to result in employment status. Note that there are factors that are common to both“independent contractor” and “employee”; therefore, it is best to look at the relationship as a whole rather than focusing on one or two factors.
The bottom line: The more the relationship looks like an employer/employee relationship, where the employer has the right to control the means and methods of accomplishing the desired results, the more likely it is that the courts will view it as such.
• Is the worker required to follow specific instructions as to the means and manner of performing the work? (Yes=Employee; No=Independent Contractor)
• Is there a set amount of hours and days that the person must work each week? (Yes=Employee; No=Independent Contractor)
• Does the employer supply the office, equipment, and tools needed to accomplish the work? (Yes=Employee; No=Independent Contractor)
• Must the work be performed on the employer’s premises? (Typically, a “yes” answer would indicate the person is an employee; however, there are instances where an independent contractor would be required to perform on the premises. You would need to consider your answer to this question in relation to everything else.)
• Is the worker trained by the employer to perform the assignments? (Yes=Employee; No=Independent Contractor)
• Is the assigned work a part of the regular business of the employer? (Yes=Employee; No=Independent Contractor)
• How long does the relationship continue? (In general, the longer the relationship continues, the more the worker looks like an employee.)
• Can the employer assign additional projects to the worker? (Yes=Employee; No=Independent Contractor)
• Is the person paid in the same manner as employees, e.g., biweekly? (Again, typically a “yes” indicates the person is an employee, but there may be instances where the independent contractor is paid in the same or similar manner. Here
again, you will need to consider this factor in relation to all other factors.)
• Can the worker hire assistants? (Yes=Independent Contractor; No=Employee)
• Does the worker provide services to more than one firm? (Yes=Independent Contractor; No=Employee)
• Does the worker make his or her service available to the general public? (Yes=Independent Contractor; No=Employee)
• Is there a written contract between the parties delineating their rights and responsibilities? (Yes=Independent Contractor; No=Employee)
• Can either the worker or the employer terminate the relationship at will? (Yes=Employee; No=Independent Contractor)
• Is the worker making any investment into facilities or equipment, and will the person realize a profit or risk of loss? (Yes=Independent Contractor; No=Employee)
The article was adapted by, the National Association of Colleges and Employment (NACE). Thanks to them for providing the independent contractor employee checklist.
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