New York Workers' Compensation is an intricate area of law that is often subject to a number of misconceptions. This site is intended to help readers seeking clarification on the topic of NY Workers' Comp. Whether you are an injured worker lost amidst the complexities of Workers' Comp, a doctor who is not sure how to properly handle a Workers' Comp patient's file, or simply a curious New Yorker who worries about what would happen if you were ever injured on the job, I hope that the content of this site will deliver the answers you seek, even to questions you didn't know to ask.

It is my pleasure to welcome you into the world of New York Workers' Compensation. I hope you enjoy your visit, spread the word, and come back soon.

Best regards,

Camila P. Medici, Esq.

Tuesday, October 12, 2010

Seeing a Doctor Every 45 Days

If you are currently receiving wage benefits, whether because you are out of work or are working with reduced earnings, you MUST see your doctor EVERY 45 DAYS or else the Insurance Carrier may request suspension of benefits. 

The reason is simple: if you are receiving wage benefits because you are temporarily totally or partially disabled, then you must check often to see whether that temporary period of impairment has gone away.  Temporary means that you would eventually get better, or at least the hope for improvement exists. 

The burden is on the Claimant to continue to prove that he/she is still unable to work or earn full wages because of the injuries sustained in the work accident. Even if your medical report is one day old the Carrier may request suspension of benefits.  So you have to make sure you have medical reports documenting you are still as disabled as before (if you are less disabled your benefits may be reduced accordingly) and that you have been receiving treatment every 45 days. 


If you are currently working and receiving the same wages as you did before the accident, you are not entitled to wage benefits, and therefore do not need to see your doctor every 45 days.

1 comment:

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