White Plains Workers’ Compensation Benefits
Pre-Existing Injuries
If you are injured on the job or sustain a work-related illness, you may be entitled to workers’ compensation benefits such as lost wages, medical care, disability benefits, and vocational rehabilitation. That said, just because you may be entitled to benefits does not mean that you will receive them. It is not uncommon for workers’ compensation claims to be denied for any number of reasons. If your claim was denied, and if you believe that the denial is wrong, contact an experienced White Plains workers’ compensation lawyer right away for legal assistance. When you work with the Law Office of Michael Lawrence Varon, we will help you understand your rights and fight to uphold them.
Pre-Existing Injuries May Not Be Covered by Workers’ Compensation
Though you may be entitled to medical care, lost wages, and other damages when you sustain a work related injury or illness, your claim may be denied if your injuries are really the result of a pre-existing injury. Unfortunately, if this is truly the case, the denial is not wrong and you may not be able to recover money at all.
Under Florida law, workers can only recuperate monies for injuries that are considered a major contributing cause(MCC). Pre-existing conditions, either from a prior work-related injury or natural aging, are not considered MCC. In order to better understand your rights, it is important that you understand the principal of MCC. Here are a few things you should know:
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In order to prove that your injury is work-related, you must show that the injury you sustained while on the job is more than 50 percent responsible for your present condition. For instance, say you have always suffered from back pain but have always been able to work through it. But then, you were asked to lift an overweight object at work and threw out your back, and now you cannot even sit in comfort, much less walk or lift anything. In this instance, you would be forced to show that the heavy lifting was the MCC, and not your prior back pain.
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It is not uncommon for insurers to use MCC as a defense against paying a claim. If you suffered an injury that exacerbates an old or existing injury, such as in the example above, your claim may not be eligible for benefits.
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If you received workers’ compensation benefits for the preexisting injury or illness, you may have an easier time proving MCC.
In order for the insurer to deny your claim, it must have evidence that your injury is pre-existing via the form of a written medical report. Without such evidence, the insurer cannot lawfully deny you your benefits.
Workers’ Compensation Medical Benefits
If you sustain an injury at work, or if you become ill during the course of employment or as a result of your work environment, you are entitled to workers’ compensation medical benefits. Unfortunately, the cause of injury or illness is not always cut and dry, and you may discover that you have a hard time recovering the compensation you need and deserve to pay for your medical expenses and other damages. If you have trouble recuperating the monies that you deserve, let an aggressive White Plains workers’ compensation lawyer negotiate for a fair settlement on your behalf. At the Law Office of Michael Lawrence Varon, we have been helping injured workers recover the compensation they need and deserve for over 20 years. For the best shot at recovery, contact our office today.
You Have a Right to Workers’ Compensation Medical Benefits
A large part of helping our clients during their workers’ compensation cases involves helping them fully understand their rights. Many injured workers are not fully aware of the types of benefits to which they are entitled. As a result, those injured parties often settle for far less than they need to cover the cost of medical expenses, rehabilitation, and other damages. Attorney Michael Varon offers knowledgeable assistance and advice regarding how to obtain the benefits to which you entitled by law.
Though workers’ compensation also covers lost wages and vocational rehabilitation, the primary purpose of workers’ compensation is to cover the cost of medical expenses. Medical care is expensive, and when a person is out of work, the cost can be bank breaking. Our White Plains workers’ compensation lawyer fights to ensure that no injured party has to suffer financially because of an injury incurred at work. Some types of benefits our team has successfully recovered on clients’ behalves include the following:
- Necessary medical care, including hospitalization, medical supplies, specialist visits, medications, surgery, diagnostic and other tests, and prosthesis;
- Mileage reimbursement for traveling to and from medical facilities; and
- Specialized equipment, such as medical devices, wheelchairs, etc.
While your employer and/or his or her insurer is required to cover the aforementioned costs, you may forfeit your rights to medical benefits if you fail to see the healthcare professional authorized by the insurance company. Unfortunately, you cannot go through your own family doctor for injuries, and doing so can result in loss of rights to medical benefits.
Problems You May Run Into When Trying to Obtain Benefits
It is not uncommon for workers to run into trouble when trying to obtain the medical benefits they need to cover the cost of healthcare. When you work with our White Plains lawyer, you can navigate or even avoid the following common issues:
- Your healthcare provider did not order the appropriate medical tests;
- You were advised to return to work when you were clearly not ready to;
- Your physician claims that your injuries are not the result of a work-related accident;
- The necessary referrals to specialists were not made; and
- Your pain or discomfort was not acknowledged or assessed by the authorized doctor.
Appropriate medical attention is crucial to your recovery and ability to return to work. If the authorized healthcare provider fails to provide you with appropriate care, bring your concerns to the attention of your White Plains attorney right away.
Work With an Experienced White Plains Workers’ Compensation Lawyer
If you have a pre-existing injury or illness, you may have a hard time recovering the compensation you need and deserve at this difficult time in your life. At the Law Office of Michael Lawrence Varon, we make it our mission to ensure that injured workers are able to recover in both physical and financial comfort. If you do have a pre-existing condition, we will examine your medical records, talk to additional medical experts, and determine whether or not your most recent injury is the major contributing cause. If it is, we will enter negotiations with the insurer and not stop until we come to an agreement that is satisfactory for everyone. Call our White Plains law office to schedule your free consultation today.
