Miscalculation of Benefits
Insurers often miscalculate an Employee's average weekly wage. Even a slight miscalculation of an Employee's average weekly wage can result in a significant underpayment of benefits. There are often special considerations the Insurer ignores such as seasonal effects on an Employee's earnings or overtime earnings.
Factors that Can Affect Your Benefits
The insurer schedules you for an independant medical evaluation; you have been advised that you have reached Maximum Medical Improvement, or MMI; you are released without any restrictions by your doctor.
You Have a Right to the Following:
Challenge a denial of your claim; select your own healthcare provider; a second opinion as to your medical condition; confirmation of the insurer's average weekly wage calculation; challenge an independent medical evaluation report; help finding a new job; help obtaining a permanent partial disability rating; to receive an award of your loss of wage earning capacity or an award calculated based on a scheduled member loss, which ever is higher.
You Should Document Everything
Keep detailed notes on everything from the time you are injured; keep all documents provided to you by the insurance carrier and any physicians you see.