1. AWW: Review your average weekly wage. The average weekly wage controls the amount of weekly wage benefits you receive. If your weekly wage benefits are $10.00 lower than they should be, you are losing $520.00 per year.  

2. Description of Injury: Check the description of injury stated on the Notice of Compensation Payable. Many times the injury described on the NCP is incorrect. If the description of injury is incorrect, you may be denied medical benefits for those areas of the body which are not specifically listed in the description of injury.

3. Verification Forms: Fill out any verification forms sent to you. Periodically, the insurance carrier will send verification forms to you requiring you to answer questions regarding your employment status or your medical condition, or receipt of other benefits. If Employee Verification of Employment Form LIBC-760 is not returned within 30 days, your wage benefits may be suspended.

4. Medical Treatment: Continue treating with your doctor if you still suffer from your work injury. After a period of time treating with medical providers, you may be told that there is nothing more that can be done to help you. However, you should continue to see your doctor at least three or four times per year to check your status. If you stop treating altogether, the insurance carrier may believe that you are fully recovered and, if a petition to cut off your benefits is filed, you may need a physician to testify that you continue to suffer from your work injury.

5. Mail: Open your mail! You may receive important documents from your employer, the Department of Labor and Industry, or the workers’ compensation insurance carrier. Some of these documents are forms and may require you to respond in a timely manner. Your benefits may be jeopardized if you don’t. If you don’t understand a form or any other document that you receive in the mail, ask a workers’ compensation attorney. You may also receive petitions and hearing notices.

6. Other Benefits: Receipt of other benefits may have a drastic effect on your workers’ compensation benefits. Unemployment compensation, social security retirement, pensions and retirement benefits can all reduce your workers’ compensation benefits. Discuss the effects of these benefits on your workers’ compensation benefits with a qualified workers’ compensation attorney.     

7. Expert Evaluations: You may receive a request to attend an independent medical evaluation (IME), impairment rating evaluation (IRE) or vocational evaluation. The results of each of these evaluations can affect your workers’ compensation benefits. Be prepared before you attend an IME, IRE or vocational evaluation. You need to understand the purpose of each of these evaluations and how each one can lead to a change in your medical and/or wage benefits. Before attending an evaluation, discuss it with your attorney or paralegal.

8. Return to Work: If you are released to return to work full time, part time or with restrictions, you may be entitled to ongoing wage benefits. If you return to work and earn less than your average weekly wage, then you may be entitled to temporary partial disability wage benefits.  

9. Settlement: Workers’ Compensation wage and/or medical benefits can be settled for a lump sum payment. If you are interested in negotiating a settlement or if the insurance carrier approaches you with a settlement offer, it is important to understand the legal effects. A Compromise & Release Agreement is the document used to settle wages, medical benefits or both. The amount of money offered and whether or not a settlement is appropriate for you, is dependent upon your compensation rate, how long your benefits will continue, the severity of your injury, whether or not you can return to work and your monthly living expenses. You should speak to a workers’ compensation attorney to determine whether or not a settlement is right for you.  

10. Social Security Disability: If you are receiving workers’ compensation benefits, you are also entitled to receive social security disability benefits if you are eligible. However, receipt of social security disability benefits may have an effect on your workers’ compensation benefits, especially if you are Medicare eligible. Although your workers’ compensation wage benefits will not be reduced due to receipt of social security disability benefits, it is important to understand the interplay between the two.