Frequently asked questions

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  1. ?

    What is MMI?
    “MMI” is an acronym for Maximum Medical Improvement. It is seldom used by doctors unless they are treating or evaluating a Workers’ Compensation Claimant. Practically, MMI is a delineation point in time within the context of a Workers’ Compensation case, recognized as such by Insurance Companies, WC Judges, and the lawyers. It is common that the patient, the WC Claimant, disagrees. Although the determination of MMI may be contested based on other medical evidence, it generally means the end of the healing period, therefore the end of TTD weekly benefits. Determination of MMI, which is entered in a written medical report, may be asserted as a defense to further or future medical benefits. Once a claimant reaches MMI, he may be required to prove entitlement to further reasonable and “necessary” medical treatment, and as TTD has ended a permanent impairment must be proved in order for the Claimant to receive further indemnity (monetary) benefits, or very much by way of a settlement. If a Claimant has significant undiagnosed medical problems or compensable consequences arising from the original injury, outside evidence must be sought. Without the help of a lawyer, you are less likely to go about this in an effective way, and if you wait until you first hear MMI to do something your odds are diminished.
  2. ?

    Is the Workers' Compensation claim process a Lawsuit?
    Workers' Compensation is not a lawsuit even if you are represented by a lawyer, and your case is assigned to a Judge. Even if your case goes to trial, there there will not be a lawsuit. In pursuing your case with a lawyer's representation, you will not be suing your employer. Usually, the case will be defended by a lawyer who represents the Workers' Compensation Insurance Carrier who insures your employer. In fact, you cannot sue your employer for negligence giving rise to an injury. The principle of law is referred to as the Exclusive Remedy of Workers' Compensation. If a third party is involved there may be an action available against another company, but only if that company or its employees were negligent.
  3. ?

    What is TTD
    TTD is Temporary Total Disability Benefits and should be paid pursuant to a Workers’ Compensation “compensable” injury during the healing period when the employee is temporarily disabled from doing the job, and light duty work is not provided. Weekly benefits are usually paid bi-weekly by the Workers’ Compensation Insurance Company. Those are not automatic and there must be medical evidence that the insurance company has reviewed before TTD will be paid. The benefits will end, or never start, if an employee refuses restricted duty work, or has returned to work, or has reached MMI, Maximum Medical Improvement. The TTD rate is 66.7% of the employee's average weekly gross, over the preceding year. These benefits are not automatic and there must be medical evidence to support prompt payment or any aspect of the claim in general. There may not be a clear explanation for why you are not receiving TTD after an injury. If you are not absolutely sure, only an experienced Workers’ Compensation Claimants’ Lawyer can get an answer for you right away.