Are the Workers’ Compensation payments guaranteed?

No. The determination of disability is an adversary process between yourself and the insurance company or self-insured employer or its servicing agent.

Total disability is two-thirds of your average weekly wage or $400, whichever is less. Then there are intermittent levels of partial disability characterized as “ mild”, “moderate” and “marked” disability. There is an active industry of doctors examining on behalf of insurance carriers for the purpose of describing your disability in a way that would cause a reduction in your payments and treatment and tests authorization.

This is one of the many reasons we strongly recommend you have an attorney representing your interests in proceedings before the Workers’ Compensation Board.