Personal Injury Law Blogs

Personal Injury Claims with Express Solicitors (sp)

Guest sponsored post from Express Solicitors.

Injuries can occur anywhere and at any time, which is why there are personal injury solicitors all over the country. Express Solicitors is one such personal injury firm that operates nationwide.

Their main aim is to help injured parties claim the compensation that they deserve and they currently stand as one of the leading law firms in the UK.  They come as standard with a team of dedicated personal injury solicitors that promise to fight courageously for both victims and their families. Unlike some law firms, they explain each step of the claims procedure in clear English, which will help you to get the full support that you need.

The solicitors at the Express Solicitors boast to provide the injured individual with both dedication and sensitivity throughout every stage of the claim. They cover a wide range of circumstances including slips, trips and falls in a public place, accidents and illnesses abroad, asbestos related illnesses, brain, spinal and other serious injuries, medical negligence claims, neglect and abuse claims, accidents and illnesses as work and road traffic accidents.

In order to see if you are in fact entitled to compensation, you must first speak to one of the solicitors. Contacting them couldn’t be easier, simply visit the online site or alternatively contact them any time of the week for free over the phone. A specialist will then talk you through the process by giving you free advice about how to make an injury claim and will evaluate the situation in order to determine whether or not you are due compensation.

Understanding Personal Injury Compensation

Personal injuries are likely not something that most of us give any thought to until the unthinkable happens to us. Sustaining injuries because of the negligence or ill intent of another goes beyond the event itself, especially when there is long-term recovery ahead.

In many cases, the term personal injury refers to harm that is sustained beyond just the physical. While a person may come away with physical injuries, the wounds may also manifest in psychological and financial damage caused by missed work days, extensive medical bills, and event-related stressors.

Due to these injuries and the subsequent issues that arise from them, those who have been hurt may choose to seek compensation for their injuries, a viable and often necessary option for those who have been hurt and wronged.

The most important component in seeking personal injury compensation is getting the help of a competent legal professional, someone who specializes in personal injury law and has experience with the type of personal injury their client has sustained.

First, let’s look at the types of personal injury:

Injuries sustained on the job. Accidents at work happen, but when they happen because of negligent business practices, un-repaired machinery, or defective products, those who have sustained injuries may be entitled to money through workers’ compensation.

Injuries sustained as a result of defective products. Whether it’s the car that you drive, a toy that your child has played with, or a medication that you’ve taken, if you have sustained injuries as a result of using a defective product, you may be entitled to compensation under personal injury law.

Injuries sustained as a result of a car accident. Every moment that we are on the road, we run the risk of potential harm behind the wheel. Accidents sometimes happen, but when those events are caused by another driver’s negligent or distracted driving, then personal injury law may be on your side.

Injuries arising from medical malpractice. When we are under the care of a doctor, we put our trust and our faith in that doctor. When we become sick or injured because of the negligence of our medical team — or worse, when a loved one passes away as a result of such negligence — the emotional trauma can be devastating, especially on top of everything else. Working with a personal injury lawyer can help you receive the compensation you deserve.

Why an Attorney?

When you are injured as a result of any reason discussed above, you are left in a very vulnerable position. You have sustained bodily injuries for which you will require medical care — perhaps short-term care, perhaps long-term care including rehabilitation, medical equipment, etc. Such injuries can change your life, leaving you with medical expenses, missed work, family hardship, and more.

A knowledgeable and experienced personal injury attorney represents you, acting as your advocate through the legal process. When you have been hurt, it is imperative to have someone on your side who can ensure that you get what you are entitled to receive under law.

If you don’t move quickly in such a situation, you may lose the opportunity to cover the expenses that you have as a result of your injuries. Why should you be stuck with paying for the bills that come as a result of someone else’s negligence? At the very least, you deserve to have your expenses covered so that you can concentrate on healing. In this respect an experienced attorney can make all the difference in the world.

Remember, businesses will protect their bottom line at all costs, so it’s not surprising that getting compensation for your personal injury can be challenging. This challenge, however, does not mean that you are not entitled to compensation or that you should settle for less than you deserve.

A personal injury attorney can act on your behalf, helping to establish the facts of the case, helping you understand the personal injury law as it pertains to your particular injuries, and fighting to make sure that you receive proper compensation so that you can move past your injuries and go on with your life.

 

Author Bio – Jack Lachman writes on behalf of Tom Crenney & Associates of Pittsburgh, PA, a legal firm that specializes in processing claims for those injured on the job. If you’re on the lookout for lawyers trained in product liability law or any form of personal injury compensation, contact Tom Crenney & Associates today.

Protecting Yourself After A Dog Bite

(U.S. Law) Dealing with a dog bite can be a painful and emotional experience, but you need to make sure that you immediately take steps to protect yourself. Not only is it possible for a dog bite to give you a serious injury or even make you ill, but you will also want to make sure that your medical bills are taken care of by the responsible party. There are many reasons that a dog will bite you, and sometimes it happens without any provocation. Even if you did something to provoke the animal, however, you will most likely still have a viable case if the dog’s owner refuses to pay for your medical expenses.

Dog Bite Statistics

Approximately 4.7 million dog bites occur each year, and 800,000 people will require medical attention. According to our animal attack lawyer, a study in the state of Florida discovered that over 70 percent of all dogs who bite are males who have not been neutered. This definitely proves the importance of neutering and spaying animals, but this data does not help the victims of a dog bite. Florida residents deal with an average of 500 serious dog bites each year, and most of the victims are children. There is also evidence that a dog that is chained up is twice as likely to bite someone as a dog that is roaming free. In other words, you need to teach your children not to approach animals that are chained up, especially if the dog’s owner is not present.

Steps to Take after the Bite

If the bite breaks the skin, then you need to go to a doctor or a hospital to get it checked out. After all, dogs can carry a wide range of diseases, including rabies, and it is better to be safe than sorry. This is especially true if the animal was a stray because that will prevent you from having access to any of their veterinary records.

In most cases you will be able to tell the dog’s owner about the bite before you seek help, but if this does not happen, then you should contact them as soon as you are done receiving medical assistance. It is important for the owner to be involved throughout the process, and it might negate the need for a lawsuit. Some owners will definitely step up and offer to take care of the situation, so you should always give them the opportunity to do so.

Make sure that you follow whatever course of action is prescribed by your doctor. Rabies shots will be painful, but it is better to endure temporary pain than to put your life at risk. You should also keep documentation about every step of the process just in case you do end up in court.

If the dog’s owner is unwilling to work with you, then you will need to hire a lawyer. It will be important to provide your lawyer with concrete evidence of the dog bite, so make sure that you retain copies of anything that your doctor or the hospital gives you. Photographs are also going to be important, so if it is at all possible, you should take some before the doctor cleans up your wound. Make sure that you also write down everything that you can remember about the incident, including the time when it occurred. The more information that you can provide to your lawyer, the more likely they are to be able to help you win your personal injury lawsuit.

Author Anthony Joseph is a researcher, and a contributing writer for Steinger, Iscoe & Greene. If you’ve recently been bitten by an animal, you need an animal attack lawyer who has the experience and skills to win your case and get you everything you deserve. Their attorneys know that this can be a very stressful time for you, and will do everything they can to make your circumstances better.

What do changes to the Health & Safety at Work Act 1974 mean?

Under current law workers are afforded protections from workplace accidents by the Health and Safety at Work Act 1974 which applies to the whole of the UK. If an employer is found to be in breach of these regulations and someone has been injured as a result, that person has an automatic right to claim compensation. However this right may be about to disappear entirely as a further amendment was slipped quietly into the Enterprise and Regulatory Reform Bill during its third reading in the House of Commons.

Section 47(2) of the Health and Safety at Work Act 1974 is to be amended to read ‘Breach of duty imposed by a statutory instrument containing (whether alone or with other provision) health and safety regulations shall not be actionable except to the extent that regulations under this section so provide.’ This amendment is another example of the Coalition Government hacking away at health and safety protections for workers and trying to do so without criticism. This amendment was accompanied by no press release or media coverage and was voted through by 295 to 215.

This change weakens current employment protections and will make some cases more expensive and time consuming to deal with. The change comes as the Government also announces attempts to water down the Reporting of Injuries, Diseases and Dangerous Occurrences Regulations (RIDDOR). These regulations oblige employers to report certain accidents, injuries and diseases to the Health and Safety Executive (HSE) who maintain a database of accidents and have the power to investigate a workplace if it sees fit. Reducing the obligations upon employers to report incidents to the HSE opens the floodgates to allow dangerous practices within workplaces to go undetected endangering employees safety. If these changes are confirmed then it will make reporting of accidents by employees to their employers and to their union representatives even more essential to ensure that bad practices are highlighted and put a stop to.

Personal Injury: To Sue or Not To Sue

Car accidents often cause injuries, and when that happens, a lawsuit often follows. If you have suffered this kind of injury, you may succeed in suing the person who drove the other vehicle for damages. To accomplish this, the plaintiff has to prove that that defendant caused his or her injuries because they acted without “reasonable care.” In legal terms, personal injury is the result of negligence on the part of some other party. The injury may be related to the victim’s mental state, rather than any harm to the body.

What you can do

If you are injured in an auto accident, begin by contacting anyone who could have caused it. At that point, there is no need to give those who were involved or their insurance company representative any details concerning your injuries or the accident itself. Simply acknowledge that the event occurred at a particular time and place, that you have been injured, and that you plan on filing a claim for damages.

Dealing with insurers

When discussing an accident with an insurance company, remember that their objective is to pay as little as possible, no matter how courteous their representative may be. Provide only basic information and make an effort to find out more, or consult with a personal injury attorney before you discuss the details.

In these cases, insurance companies can only settle if they are able to dispose of the entire claim. Plaintiffs are sometimes hasty in settling claims because they have substantial medical bills that they cannot afford, and as a result, the amount they receive is far from adequate. Remember that insurance companies are not concerned with the issue of fairness, and you will probably need an experienced, qualified personal injury lawyer to act as your advocate in being treated fairly.

You can also make an effort to research the settlement values of accidents that were similar to yours. Some of them are available via the Internet. You will also find calculators on insurance companies’ and attorneys’ websites that are to be used when determining the value of a personal injury claim.

It is inadvisable to discuss settling your claim until you know the full extent of your injuries and the amount of medical treatment you will need. Be sure to find out if you will be able to return to work and how your ability to perform normal, everyday tasks will be affected before you take that step.

Getting legal advice

Many personal injury lawyers do not charge for an initial consultation in these cases, and you can determine if it will be possible to reach a settlement or if you have to appear in court. In your search, remember that if a law firm is able to advertise extensively, this is probably a sign that they are succeeding in reaching settlements and winning lawsuits for their clients.

What you should know

There are three points that you and your attorney will have to make in court to prove that the other driver did not use reasonable care, causing the accident and your injuries: you must prove that the defendant was legally obliged to exercise care, you must show that the defendant failed to meet that obligation, and you must establish a direct connection between that failure and the injuries you suffered.

 

Why You Shouldn’t Exaggerate Your Injuries

After an automobile collision, the injured parties will normally seek recovery against the at-fault party. It is possible for accident victims to suffer paralysis, nerve damage, and disfigurement that inhibits their ability to work and causes long-term pain. Some parties with relatively minor or even no injuries believe that inflating the claims can result in a large award of free money. The law seeks to make plaintiffs whole; it does not attempt to provide a lavish lifestyle for any injured party. When making a claim against an insured party or any party in court, the injured party must ensure that it truthfully represents the amount of damages. Misrepresenting the extent of an injury can have several serious consequences.

Credibility

At an absolute minimum, a false claim will undermine the claimant’s credibility. A claimant who exaggerates the extent of an injury, for instance, makes a back injuries workers compensation claim, or who combines a false claim with a legitimate claim in order to inflate the damages, may inhibit recovery for the legitimate claim. The original party, the insurance company, and the jury will all view the entire claim as false. In many cases of personal injury, the plaintiff will be forced to testify as to pain, limited mobility, and any other physical problems that they have. If all of this testimony is viewed as suspect, it may be nearly impossible for the plaintiff to recover.

A plaintiff who testifies that they suffered from a back injury may be telling the truth, but if the plaintiff is shown to be lying about a back injury, the plaintiff will have little credibility. This assumes that the plaintiff pursues the case in the first place. In most circumstances, diminished credibility will be the least of the plaintiff’s issues.

Fraud

The criminal justice system in the United States thrives on plea bargains. Defense attorneys who represent defendants facing prosecutors with strong evidence are often forced to plead down the charges for their clients rather than face a hopeless trial. Most criminal cases never proceed to trial, as defendants agree to plead. This is due to relatively long statutory sentences and a variety of lesser offenses that most defendants did not even know existed being added to the charges. In a fraud case, the prosecution has a wide array of tools at their disposal.

Fraud generally occurs where the defendant deceives another for personal gain. There are related statutes for less important matters, such as larceny by trick. In the case of a malingering accident victim, the charges can be more serious. An act of insurance fraud occurs when a defendant commits a fraud against an insurance company. In most cases, an accident victim will be making a claim against an insured party. When the insurer investigates the claim, the insurer may discover that the claimant is either not injured or is exaggerating the severity of the injury. In these cases, the insurer may file a police report, and charges may be filed.

Insurance fraud is a felony with different penalties depending upon the jurisdiction. Unfortunately for the claimant, it may be one of many felonies committed by a malingering party. Wire fraud and mail fraud can easily occur if a claimant uses electronic communications or the mail system to commit fraud. Plaintiffs who attempt to convince others to lie on their behalf, such as doctors or family members, may commit an act of conspiracy to commit any of these crimes. Each crime is a felony, and conspiracy to commit any of these crimes is also a felony. In some cases, proving a conspiracy to commit the offense may be easier than proving the offense itself.

Perjury

Deception under oath is another matter. Plaintiffs who submit documents to the court usually swear under penalty of perjury that the entirety of the document is true to the best of their knowledge. Plaintiffs may also testify under oath. Whether the deception comes through a false affidavit or a blatant lie while under oath, a false claimant may commit perjury if he or she lies about a material matter in the case. The plaintiff must have the intent to lie to commit an act of perjury.

As with the conspiracy charges discussed above, it is possible for a defendant who convinces another person to commit perjury to be held criminally liable. Subornation of perjury is a separate offense with which the claimant may be charged.

There are other reasons why plaintiffs should not malinger. Individuals who have similar injuries to those falsely claimed may be dissuaded from filing claims or be viewed suspiciously by the legal system. Additionally, false claimants and their attorneys may be cited for filing frivolous claims. Plaintiffs who fail to represent their injuries in a claim honestly may find themselves worrying about more than just medical bills. 

Georgina Clatworthy is a legal writer who regularly posts on topics of law and consumer issues. She contributes this article on behalf of The Perecman Firm, P.L.L.C who handle cases such as back injuries workers compensation and other personal injury claims. Those who are injured due to someone else’s negligence should seek professional legal advice so they can fully understand the nature of their case and the amount of damages they can legally seek to claim.

Making Accident Claims – A Necessity For All

Accidents are terrible from every point of view this is why, when you have been involved in such an incident you will need the help and support of an injury claims solicitor. Deciding to stand up for your rights is clearly not an easy choice however, you should know that this is the only way that you will receive the compensation that you deserve. Making accident claims is a process that has to be taken seriously because only this way will you manage to prove your innocence and receive the financial aid that will help you put your life back on track.

When you have been involved in an accident you need to make sure that you get the right medical help. Without a proper examination you risk jeopardizing your health and creating even more medical problems. The medical report that the specialist will draft is going to be very useful in filing the accident claims. Also, don’t forget to call the police and ask them for their assistance. They will register all the details of the incident, take photos and even talk with the potential eyewitnesses for testimonies. The report that they will put together is going to be very useful and will help you prove your case in court.

Such evidence though is going to help you only when you have the right accident claims solicitor by your side. Therefore, you will have to ask friends and family members for references and see whether you can find someone to represent you. Such help is necessary as the legal issues that you will encounter will need to be solved by an expert in this part of the law. The experience and the knowledge that accident claims solicitors have are the only thing that can help you at this point. Trying to solve this issue on your own is definitely not an answer to your problem. There are legal intricacies and laws that have to be respected so, if you are not aware of them you risk losing your compensation.

It is very important to make accident claims when you have been involved in an incident that was not your fault. Clearly, there are many reasons why you should take this option into consideration and one of the most important of all is the fact that this compensation will help you with the medical bills. Putting your life back on track might just prove to be more complicated than you first through this is precisely why you have to make sure that you have an expert in your corner.

You need to be aware of the fact that you might not even reach the court as the other party might propose a settlement arrangement. This way you will be able to negotiate the amount of money that you will receive as compensation for your accident claims. When you cannot negotiate or you don’t agree with the sum of money they offer then you can simply choose to take the case to court and let them decide what amount of money you will be granted. Either way the help of an accident solicitor is going to be extremely useful.

What is the Body Worth: Looking at Injury Charts

The practice of assigning monetary values to various parts of the body is an essential part of employment law. Insurance companies and government agencies use these figures thousands of times per day to complete a variety of essential calculations. Without a standardized system for quantifying losses of limbs, eyes, ears and various other organs, the practices and protocols that encourage the orderly dispensation of workers’ compensation and permanent partial disability payments would collapse.

 

Permanent partial disability describes a condition in which an individual becomes unable to use part of his or her body on a permanent basis. It may entail the physical loss of some or all of a certain body part, the functional loss of a certain body part, or the functional loss of the use of the entire body through paralysis or head injury.

 

Since the body is comprised of dozens of different parts that interact with one another in a complex fashion, the vast majority of state labor departments and insurance companies use a standardized “schedule” to calculate losses. Known as the Permanent Partial Disability Schedule, this tool describes the monetary value of a given body part in terms of the number of weeks of workers’ compensation payments to which workers who suffer its loss are entitled.

 

For instance, a worker who loses the use of his entire thumb is entitled to 76 weeks of workers’ compensation payments. Larger and more important body parts tend to confer longer payment periods. Whereas the total loss of a pinky toe confers 13 weeks of workers’ compensation benefits, a large toe is worth 38 weeks. Likewise, redundant injuries that cause more serious problems tend to be worth substantially more than non-redundant injuries. Whereas a worker who loses a single testicle is entitled to just 54 weeks of benefits, a worker who loses both testicles simultaneously is entitled to 162 weeks of benefits due to the injury’s implications for his capacity to procreate.

 

The Permanent Partial Disability schedule is expressed as either a body diagram or a textual table. In either case, it provides the basic framework for calculating the dollar value of scheduled injuries.

 

Arriving at this value is relatively straightforward. Assuming a benchmark workers’ compensation rate of 60 percent of pre-injury income, the value of a total loss of a scheduled body part is the product of the workers’ compensation rate and the number of payment weeks specified by the schedule.

 

For instance, a worker who earned a pre-injury wage of $1,000 per week would be entitled to a workers’ compensation rate of $600 and a payment period of 76. Accordingly, the total loss of her thumb would entitle her to a wage-loss benefit of $45,600. In cases of non-total losses in which functionality is impaired but not destroyed, these calculations can be prorated. Had she suffered a mere 20 percent loss of functionality in her thumb, this same worker would be entitled to 15.2 weeks of workers’ compensation benefits worth $9,120.

 

The federal government plays no role in decisions pertaining to workers’ compensation. Each state labor department administers its own workers’ compensation program and adheres to one of four main loss-calculation methods for non-scheduled losses. These are known as “impairment-based,” “wage-loss,” “loss-of-earning-capacity,” and “bifurcated.”

 

The “impairment-based” approach attempts to calculate the value of a non-scheduled spinal or head injury according to the degree of medical care and living assistance that the worker who sustained it is likely to require in the future. It may also take into account his or her future ability to work. Unsurprisingly, this approach leaves ample room for disagreement.

 

The “wage-loss” and “loss-of-earning-capacity” approaches attempt to calculate the impact of an unscheduled injury on the injured worker’s current and future wages. The former calculates the actual amount that the injured worker stands to lose as a result of her diminished capacity to work while the latter projects her post-injury lifetime earning capacity.

 

Both the “wage-loss” and “loss-of-earning-capacity” methods also leave substantial room for error. In fact, the fallibility of calculations of non-scheduled injuries underscores the importance of the Permanent Partial Disability Schedule. Without it, workers’ compensation law would be far more chaotic.

 

Byline

This article was composed by Eric Stratton, Chairman of Rush Industries, for the team at social care jobs.

Why Seek Just Compensation after a Motorcycle Accident?

It’s always the outcry of every accident victim to be compensated for the injuries that they have incurred, and this is quite serious for some whose financial recovery is dependent on which. That’s something which the issue of delayed settlement may arise from and the agony of the victim may likewise be prolonged if the counsel is incompetent to speed up the favorable judgment.

And although no one really desires to be put in a situation like that, it is still somewhat inevitable as the claim for indemnity really involves complex matters which cannot be compromised with a short period of time. But at any rate, that doesn’t matter for those who are used to it; the issue is when the victims don’t find any reason to fight for the just compensation that their injuries deserve after the accident. Hence, to resolve any vague presumptions or baseless misconceptions about your claim for compensation, here are the beneficial outcomes of acquiring your fair indemnity:

  • Recover Your Financial Expenses – your compensation covers the expenses you have spent from the time of your hospitalization until you have already recovered; thus, if the court grants your prayer, then that’s already equivalent to the amount you have paid for medication, etc. including, of course, your mental and emotional suffering.

  • Have a Budget for Your Rehabilitation – rehabilitation expenses are something which may be of great burden especially if the victim is left with almost nothing to spend for his future as a result of the accident. The reason why the compensation at this stage is a grave necessity so as the victim will have fund to use until everything becomes normal anew.

  • Serve as an Ideal Example for Others – if you are able to victor your claim for compensation, then your success would definitely serve as one example for others who have the same case as yours. It’s one reason why you should not cease in fighting for your claim until the victorious judgment is uttered by the juries.

Apparently, these are already the resultant of your case, but the process in deriving at such favorable situation is not just simply acquired. You still have to overcome the challenge of proving the other party’s liability. How you should do that? Here are the two simple ways to ensure that you’re at a good advantage:

  • Hire a Competent Attorney and File Your Claim Immediately – your lawyer can ensure that everything necessary for the good outcome of your case are handled properly. He may gather physical and documentary evidences and instruct you on what to do for the proper disposition or settlement of your claim. And why immediately? It is simply because there’s a deadline as to the application of the claim in court, and your failure to follow it will be a bar for future claims in the same case.

  • Support Your Claim with Evidences and Testimonies from the Scene – victory in personal injury cases is acquired through a competent lawyer with factual and/or relevant evidences that can support your legal claims. You should bear in mind that in civil case, it’s the preponderance of evidence which is the primary basis of the court’s judgment, so never waste the chance of winning your claim by gathering and presenting good evidences in court.

You really have all the personal and legal reasons why you should seek for just compensation after your motorcycle accident; all you have to do is to make those reasons as your inspiration in overcoming your fear for the undesirable consequences and winning your claim beyond what the offender can expect.

Author’s Bio:

Atty. Daniel Dolan II, a Miami Personal Injury Lawyer and a Miami Wrongful Death Attorney has a reputation of helping the victims of personal injury and medical malpractice pursue compensation for their injuries. He has litigated cases on behalf of the families who have lost their loved ones in fatal accidents. He is also the founder of the “Dolan Law Firm” in Miami, Florida. Atty Dolan is AV Peer Review Rated by prestigious Martindale-Hubbell.

New York Workers’ Compensation Reforms Show Promising Results

New York’s 2007 statutory reforms are starting to show positive workers’ compensation changes according to the fifth annual report published by the Workers’ Compensation Research Institute (WCRI). Each year, WCRI assesses the performance of the workers’ compensation system, evaluating the effects of the statutory changes and looking for any unintended consequences.

In 2007, statutory changes to New York’s workers’ compensation program included the following six major components:

  • Maximum weekly benefit increase
  • Limits to the number of weeks of permanent partial disability benefits
  • Development and implementation of medical treatment guidelines
  • Fee schedule for pharmaceuticals
  • Diagnostic services networks and preauthorization thresholds
  • Administrative changes for speedier case resolution

How is New York doing so far as it implements the reforms to its workers’ compensation program? Below are a few of the more notable findings:

  • Maximum Weekly Benefit Increase – According to the study, the maximum weekly New York workers’ compensation benefit increased from $400 (prior to July 1, 2007) to $600 two years later. These planned increases have brought New York closer to national averages. Every year on July 1st, the maximum benefit is reset to two thirds of the average weekly wage for the state.
  • Permanent Partial Disability Benefits Limits – The percentage of permanent partial disability (PPD) cases where no lump-sum payments were issued dropped 13.5 points from 2007 to 2008. Those with lump-sum settlements (but no PPD payments) increased by 12 points. According to WCRI’s 2012 Annual Report and Research Review, this shift could be attributed to earlier settlements for some cases and may be related to Aggregate Trust Fund reform provisions. The limits placed on the number of weeks of PPD wage replacement benefits are expected to yield significant savings, but WCRI does not expect to see those results in the data for several years.
  • Fee Schedule for Pharmaceuticals – WCRI reported a 10 to 20 percent decrease in the average price per pill due to the pharmacy fee schedule changes mandated by the reforms.
  • Diagnostic Services Networks / Preauthorization Thresholds – WCRI observed a six percent increase in minor diagnostic service visits from 2007/2008 to 2008/2009 and suspects this is due to the increased preauthorization limit which went from $500 to $1,000.

How WCRI Researchers Analyze Data

WCRI’s used its Detailed Benchmark/Evaluation (DBE) database in this study with data representative of New York’s workers’ compensation system. The DBE contains over 29 million claims from insurers, self-insurers, and state funds. According to WCRI, this database represents roughly 80 percent of the nation’s workers’ compensation benefits paid. The fifth annual report evaluated open and closed indemnity and medical-only claims with injury cases that originated between October 2003 and September 2009.

About the author

This guest post was contributed by Joseph A. Ginarte. He is a specialist New York construction accident lawyer and leads a team of attorneys and managers at Ginarte. He enjoys writing and sharing his insights on various legal blogs. To find a construction accident attorney, click the link.