Pacific Workers Comp Law Center - February 2020

g the Right Doctor

What You Need to Know About Temporary Disability If you’re injured at work, should you use PTO or sick leave for recovery time? Ideally, you’d use neither because temporary disability (TD) after a workplace injury should take care of your monetary needs. However, the reality is that TD issues can be far more complex. If you find yourself recovering after a workplace injury, you should brush up on these tips about TD so you’re well prepared to take advantage of it. There is a time limit on your TD. First and foremost, there is, unfortunately, a limit on how long TD benefits are available: 104 weeks, though it can be extended to 208 weeks if you are afflicted with a more severe injury or illness. Some injured workers may not be well enough to return to work after hitting their cap for TD benefits. If you’re still recovering from your injury but have no TD benefits left, it might be necessary to use paid time off (PTO) to provide for you and your family. Insurance companies are notorious for their unethical behavior. Workers’ compensation claims are denied more often than not, leaving injured workers with no choice but to use PTO for recovery time. Even if your claim is accepted, there is a delay period while your employer’s insurance company

Enlist the help of a good workers’ compensation attorney.

When you hire a workers’compensation attorney, you don’t need to worry about finding the right doctor; your attorney will do it for you. Here at Pacific Workers’Compensation, we have strong relationships with workers’compensation doctors around the entire Bay Area and can help you find the right doctor for your situation.

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reviews your case. The good news is that an experienced workers’ compensation attorney makes sure you’re compensated for any time off you used in the form of retro-TD. Workers’ compensation doctors are not created equal.

Injured workers receive TD based on their workers’ comp doctor’s recommendation. You receive TD if your doctor says that you cannot work or if the amount of work you’re able to do pays less than what you normally earn. Unfortunately, some doctors are more favorable to the insurance companies than the patients they treat. They may tell you to go back to work before you’re ready or that it’s better to use up PTO. Having the right representation is crucial to your case. Workers’ compensation lawyers will be familiar with the doctors in your insurance company’s network and can provide you with information and steps while moving forward with your case. Consult with an experienced workers’ compensation attorney to ensure you’re treated fairly and that you receive adequate compensation for your claim.

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