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Temporary Vs. Permanent Disability

If you’ve been injured on the job, you may find yourself unable to work. In some cases, this may be a temporary issue. In other cases, however, you may find yourself permanently disabled. Physical therapy and surgery may be able to help you overcome temporary health issues, but if you’re unable to return to your job, you’re going to need some sort of income. That’s where disability payments come in. It’s important you understand the differences between temporary and permanent disability and when each comes into play.

Temporary Disability

Temporary disability provides you with income if you’re injured and unable to work for a short amount of time (often a year or less). New York is one of only five states that offers temporary disability insurance through employers. This insurance pays out some or all of your salary if you’re injured – the actual amount often depends on your policy. It’s important to note that Social Security doesn’t offer any sort of temporary disability.

In addition to temporary disability offered via your employer in New York, you can often purchase disability policies through a number of private insurance companies. These policies may only provide payments for a shorter period of time, and they may not pay out nearly as much.

Permanent Disability

Becoming permanently disabled allows you to receive payments from Social Security. However, it takes more work and more time to be declared permanently disabled. You will need a doctor or other medical professionals to testify that you are no longer capable of doing the work you once did. You will also need to show that you cannot simply learn a new skill and get a job in another field. This process is often frustrating, but it’s also often necessary for those who are simply unable to work again in any field.

This is a very basic outline of temporary and permanent disability. There are many other factors that can play a part in disability, including worker’s compensation benefits if you were injured while at work. Determining how to approach your disability claim can be very confusing. That’s where Maximum Orthopedics can help. Contact them today to discuss your situation.

  • Posted on: Dec 31 2018
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Workers’ Comp Basics for New York

Dealing with workers’ comp can seem like a stressful and scary ordeal. While it’s not always the easiest process, workers’ comp shouldn’t be horrible, either. One of the biggest reasons the process often seems long and difficult is because most people haven’t gone through a workers’ comp claim before. By understanding the basics of the system, you’ll be better prepared to deal with workers’ comp if it comes up.

Your Employer Has Workers’ Comp Insurance

New York requires any business that has at least one employee to carry workers’ comp insurance. There are a few exemptions, including religious orders and those who do casual work, but almost all companies do have workers’ comp, and you can take advantage of it. If you do work for a company that is exempt and has chosen not to offer workers’ comp insurance, you can purchase it through the New York Insurance Department or look into purchase insurance yourself.

What Does Workers’ Comp Offer?

If you have been injured on the job, workers’ comp is designed to provide you and your family with income during the period you’re unable to work. This may only be a week or two in some cases, but it other cases, you may be permanently disabled and unable to work ever again. Workers’ comp will provide income for both of these extremes and more.

If you have been injured on the job in New York, workers’ comp offers temporary and permanent total disability as well as permanent partial disability. In most cases, you’ll receive two-thirds of your average weekly salary if you are disabled. In some cases, these payments will run out at a certain point, while in other cases, you may receive funds for the rest of your life.

You Must Act Quickly

In New York, the law states that you must inform your employer in writing that you have been injured while on the job within 30 days. You also have to submit a claim form to the State Workers’ Compensation Board within two years and see a doctor within two days.

There are many different regulations regarding workers’ comp in New York, which is why you need to seek the advice of an expert as soon as you’ve been injured. The professionals at Maximum Orthopedics have years of experience with these cases and can assist you in making a claim.

  • Posted on: Dec 15 2018
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Top 3 Injuries from a Car Crash

Being in a car crash often results in more than just damage to your vehicle, it results in damage to you. Car crashes are responsible for a wide variety of injuries, some of which you may not immediately notice. Chiropractors, doctors, and other medical experts often see car crash victims for common injuries from their accident. If you’ve been injured in a car crash, here are three of the most common types of injuries you may suffer from.

Orthopedic Injuries

You can suffer orthopedic injuries from any type of car accident. Many people associate these injuries with broken bones, but orthopedics also covers sprains, strains, and torn tendons and ligaments. While minor crashes often only result in sprains or strains, that’s not always the case. It all depends on how fast the vehicles were going, where the other car hit, and if you were wearing a seatbelt or not.

Whiplash

A very common type of orthopedic injury, whiplash deserves its own category because it’s very, very common. Whiplash happens when your head is quickly jerked backwards or forwards. The vertebrae in the neck are often pushed out of place, leaving you with pain and a loss of range of motion.

Whiplash is one of those injuries that you may not notice right away. Some people don’t feel symptoms of whiplash for weeks. Others don’t recognize the symptoms. Pain in the jaw and ringing in the ears, for example, can be caused by whiplash. This is why it’s important that you are examined by a medical professional after your car accident.

Head Injuries

It’s easy to notice cuts and scrapes on your head since you bleed from these wounds, but it’s not always easy to tell if you have a closed head injury. These injuries affect the brain, but there’s often little or no sign that you’ve been hurt. Often, you don’t see symptoms from these injuries right away, either, and many are misdiagnosed because of that. Unfortunately, these types of injuries can have severe results that last for years.

Getting Help

Do you need assistance with the pain caused from a car accident? Do you need an exam for an auto accident claim? The experts at Maximum Orthopedics are here to assist you. Contact us today to schedule a consultation.

  • Posted on: Nov 28 2018
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Common Types of Neck Injuries

Neck pain can be one of the worst types of pain, especially if you have to work or run errands instead of lying your head down and resting your neck. There are a number of different injuries that can lead to pain in your neck, shoulders, and upper back. Some of these issues can be treated with chiropractic care or physical therapy. Here are some common types of neck injuries and what causes them.

A Crick in Your Neck

One very common issue is a crick in the neck. This isn’t a medical term, and the actual cause can be anything from arthritis to a muscle spasm. Cricks are often caused by sleeping with your neck at an odd angle or holding your head in a certain position for too long. Looking down at your phone or using your computer for long hours without taking a break or stretching can cause this painful issue.

In most cases, a crick in the neck is nothing serious. It will usually work its way out on its own, and you can take some over-the-counter medication for the pain. However, if your crick lasts for over a week or is extremely painful, you need to seek medical attention.

Muscle Strain

When you’ve strained one of the different muscles in the neck, you may experience pain, spasms, and reduced movement for a short period of time. Strains are rated from one through four. A Grade I strain is minor and treated like a crick. Grade II strains are often also nothing to worry about.

Grade III and Grade IV strains, on the other hand, are much more serious. Grade III strains often include nerve damage, while Grade IV strains include fractures or dislocated vertebrae.

Ligament Injuries

If you’ve sprained your neck, you’ve injured the ligaments that hold your bones together. A neck sprain might be caused by twisting your neck too quickly or by falling. Like strains, neck sprains range from mild to severe. Mild sprains may simply need a rest, while more severe issues require medical attention.

If you’re dealing with pain in your neck, a chiropractor may be able to help relieve the pain and solve the underlying condition. Contact Maximum Orthopedics today to book an appointment with our chiropractic experts.

  • Posted on: Nov 15 2018
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Will Insurance Cover Chiropractic Services?

If you’re in need of chiropractic services, one of your first major questions may be about payment. Will you have to cover all of your chiropractic visits yourself, or does your insurance policy cover some or all of the costs? Of course, it’s hard to give specific information about chiropractic coverage because each insurance policy is a little different, but overall, at least some of the cost of your chiropractic services should be covered.31

Why Does Coverage Vary?

Every insurance policy treats surgeries, hospital stays, prescriptions, and other medical costs differently, and chiropractic services are no different. However, they are often under a little more scrutiny because some insurance policies consider them to fall under the umbrella of Complementary and Alternative Medicine. CAM coverage can differ wildly from policy to policy. Some may not want to cover it at all, while other policies may fully pay for your visits to the chiropractor.

To determine how much your insurance will pay, you’ll need to either work with your chiropractor’s office or contact your insurance company directly. In addition to insurance, programs such as Medicare and Medicaid may also cover some or all of the costs of visiting a chiropractor.

Other Coverage

In addition to insurance and Medicare/Medicaid coverage, there are a number of other programs that will pay for some or all of your chiropractic services. Those who are in the military can receive chiropractic care at a number of different military bases, while veterans can make use of the chiropractic services offered at many VA medical facilities.

For those who are injured at work, workers’ compensation programs cover chiropractic care. While this once varied from state to state, today, all 50 states include chiropractic services in their worker’s comp laws.

In addition to receiving coverage for your chiropractic services, the IRS also allows you to deduct this expense as a medical deduction. This means even if you do have to pay some of your chiropractic costs, you may be able to lower your tax bill by including the cost as an itemized deduction.

Need a Chiropractor?

If you’re in need of chiropractic services in New York, Maximum Orthopedics is here to help. Contact us today to schedule an appointment.

  • Posted on: Oct 31 2018
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Do I Qualify for Permanent Disability?

If you’re in an accident, the worst-case scenario for many people is to be so injured that they can no longer work or even handle many of the day-to-day aspects of living. If you’ve been injured and have been told that you will be permanently disabled, you may next be shocked to find your disability application denied. Unfortunately, it can be possible to be disabled in an auto accident or other type of incident and be denied, all because you don’t meet one of the following conditions of being permanently disabled.

The Social Security Administration’s Requirements

According to the Social Security Administration (SSA), it’s not enough to simply have your doctor state that you are disabled and back it up with medical proof. First, you have to actually have a certain number of working credits. This means you have to have worked enough to qualify for disability. If you’ve been working for years, that shouldn’t be a problem. If you’re a young person who becomes disabled, however, you may not qualify for SSA disability.

Medical Qualifications

In addition to your work history, you also have to have a condition that is on the SSA’s official list of impairments. If your condition is not on the list, it doesn’t mean you’re automatically disqualified. Instead, the SSA will have to assess your condition and how much it limits your abilities. This means more paperwork, and it’s going to take longer to process your application.

Another qualification is that your condition has to be classified as “severe” and must last for at least another 12 months or result in death. Partial disability or short-term disability does not qualify.

Work Qualifications

Finally, there are two different work qualifications you have to meet. First, your condition has to prevent you from working the job you previously held before you were injured. If it’s determined that you can still do that job or a job in your particular field, you may be denied.

Another work-related qualification is the ability to work at all. If the SSA determines that you simply cannot do any work in any job, you will qualify for disability. They do look at more than your medical condition here. Your age, education, work experience, education, and skills will all factor into this assessment.

Are You Injured?

If you’ve been injured and are seeking medical aid in determining if you are disabled or not, the team at Maximum Orthopedics can help. Contact us today for more information.

  • Posted on: Oct 18 2018
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What Makes a Valid Workers’ Comp Claim?

Filing a worker’s comp claim is fairly standard if you’ve been injured on the job, but your claim may be denied if it’s found to be invalid. Sometimes a claim is determined to be invalid, not because it truly is but because the employee failed to include all of the right paperwork and other information. While the denial may be able to be appealed, that does mean you have to go longer without any form of compensation. This can make things financially difficult, so it’s always best to make certain your claim is fully valid when you file it. Here are the things you’ll need to make a valid worker’s comp claim.

You Reported the Incident to Your Employer

You need to report any accident, especially one where you or someone else was injured, to your employer as soon as possible. If you don’t make a report, your claim may not be valid. Reporting an accident several days, weeks, or even months later may also invalidate your claim.

Your Employer Must Have Workers’ Comp Insurance

In most cases, this isn’t an issue. However, some businesses may have tried to avoid paying for workers’ comp insurance or may have put off getting it. For example, if you’re the first employee to be hired by an LLC or sole proprietorship, the business may not have been required to have worker’s comp insurance. The owner may not have purchased a policy yet, which means you wouldn’t be covered.

You’re Classified as an Employee

Another issue you may face that could invalidate your claim is if you’re not technically classified as an employee. If you’re a consultant, contractor, or a freelancer, for example, you may not be covered by a workers’ comp policy regardless of where the accident occurred. However, some policies do cover contractors. It depends on the policy, the state regulations, and, at times, the decision of the court.

You Can Prove Your Injury or Illness Is a Direct Result of Your Work

This can be easy or difficult to prove. It all depends on the nature of your injury. For example, if a large box fell on you while working in a warehouse, it’s a fairly obvious workers’ comp case. If you developed a hernia and first had it diagnosed on the weekend, it’s not as clear. Your work could easily have caused it, but so could one of your hobbies.

The experts here at Maximum Orthopedics can assist you with determining the validity of your workers’ comp claims. Contact us today to discuss your case.

  • Posted on: Sep 25 2018
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Is There Any Reason to Not File a Workers’ Comp Claim?

If you’ve been injured while on the job, you can file a workers’ compensation claim to cover your medical bills and other expenses incurred while you’re recovering. Most employees do file one of these claims, especially if the injury is easy to prove or if they’re going to be unable to work for months. But is there any reason why you might decide against filing a workers’ comp claim? There are actually a few different reasons you might.

Your Employer May Not Have Workers’ Comp Insurance

It is actually possible that your employer isn’t required to carry workers’ comp insurance or that you’re simply not eligible for worker’s comp. For example, if you’re a partner or the sole owner of the business, you’re not covered by your own workers’ comp insurance unless you’ve taken out a worker’s comp policy on yourself. Most business owners don’t think to do this, so they have no coverage. New York regulations state that if your business is a sole proprietorship or a partnership where everyone involved owns a piece of the business and there are no other employees of any type, volunteers, or subcontractors, the business doesn’t need to carry workers’ comp insurance.

You Can Get a More Compensation through a Lawsuit

In some cases, you may be able to receive more compensation by suing someone rather than by filing a worker’s comp case. For example, if you were injured in an automobile accident while traveling for work, you may be able to sue the driver who hit you. A construction worker may be able to sue a subcontractor for negligence rather than filing worker’s comp. It all depends on the situation you were in and the extent of your injuries.

In most cases, filing a worker’s comp claim is the right choice to make. These policies are designed to protect employees who are injured, and they’re set up to make certain you have the means to cover all of your debts while you recover from your accident. If you want to learn more about workers’ comp benefits, the experts at Maximum Orthopedics can help. Contact us today with your questions.

  • Posted on: Sep 15 2018
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Can my Employer Retaliate if I File a Workers’ Comp Claim?

Some people are hesitant to file a workers’ compensation claim, even if they know their case is completely valid, because they’re afraid that their employer will retaliate against them. While this is certainly not something that should occur, it does. Many states do have laws that state employers may not retaliate in any way against workers, some states don’t. It can also sometimes be difficult to prove that your employer’s actions are a direct result of the workers’ comp claim you’ve filed.

What Does the Law Say?

Workers’ comp laws are not universal—each state has its own laws, and while some are very similar, some are fairly different. For example, many states do have laws that protect your job if you file a workers’ comp claim, but there are some where your employer could fire you. There is no federal law protecting employees who have filed workers’ comp claims.

What Are Protected Activities?

In order to show that you’re being retaliated against, you have to have engaged in a protected activity under your state’s workers’ comp laws. These protected activities, again, do differ from state to state. Most are fairly broad and offer protection to those who have filed a claim, alerted their employer that they are intending to file a claim, or have sustained some sort of injury while on the job. Some states do require you to file a formal document stating that you were injured, but many do not. Even in states that don’t necessarily require this documentation, it’s always a good idea to file the paperwork anyway. It helps back up your claim and creates a paper trail for the series of events surrounding your injury.

What Counts as Retaliation?

Retaliation can come in many forms and is often unique to your situation. Broad forms of retaliation from an employer include being demoted, having your responsibilities changed, lowering your pay, or bringing unwarranted disciplinary actions against you.

You should never let your employer or anyone else intimidate you into not filing a valid workers’ comp claim, especially if you were severely injured. Maximum Orthopedics is here to help you file these claims and receive the compensation you’re due. Contact us today to learn more about what filing a claim involves.

  • Posted on: Aug 30 2018
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What Can Orthopedic Physical Therapy Do for Me?

An orthopedic physical therapist is an expert in helping you regain your motor functions, range of motion, and normal healthy life after you’ve been injured or dealt with an illness that affects the joints, bones, tendons, ligaments, or muscles. These orthopedic issues require the assistance of someone who has the education and knowledge not only of physical therapy but also of orthopedics. They understand how the bones and tissues work together to provide motion, and they can help you overcome a wide range of different musculoskeletal conditions.

What Injuries Require Orthopedic Physical Therapy?

If you’ve had a fracture or have strained a muscle, you may be sent to an orthopedic physical therapist. They will help you recover from these issues by putting you through a number of different exercises designed to strengthen the injured part of the body and restore your full range of motion. One of these experts may also assist you if you’ve sprained a ligament or following an operation. Those who suffer from bursitis or tendonitis may also want to seek out the help of an orthopedic physical therapist.

Of course, dealing with pain is also something this type of physical therapist can assist you with. They will help you learn your limits and carefully move beyond them so that you don’t further hurt yourself or experience a great amount of pain when doing basic functions.

What Tools Do Orthopedic Physical Therapists Use?

Orthopedic physical therapy uses some of the same tools and techniques that standard physical therapy uses. These include applying heat and ice to the area and using electrical stimulation machines. They also have a number of different exercise tools to help you stretch and work out the area.

The main tool used in orthopedic physical therapy is exercise. Some of these exercises are done with different equipment, but often they simply include walking or making repetitive motions in order to regain strength and flexibility. This is especially true in the early stages of orthopedic PT when you’re still fairly weak and need to take it easy to avoid further injury.

Are you in need of orthopedic physical therapy? If so, Maximum Orthopedics is here to help. Contact us today to set up an appointment.

  • Posted on: Aug 15 2018
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