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How Workers Compensation Law May Help You If you've suffered injuries in an accident at work, workers' compensation law could help you recover. It's a no-fault law that protects employees from lawsuits and reduces the liability of employers. All businesses with employees, with the exception of domestic servants or farm laborers must carry workers insurance for workers' compensation. Failure to do so can result in a fine or even jail. Medical Care A successful workers' compensation case will include medical treatment. It can ensure that your injured employee receives the medical treatment the employee requires and helps you to manage costs in the long-term. New York State has reformed its laws governing workers' compensation to create detailed guidelines that doctors and other health professionals must follow in treating workers who suffer from injuries. These guidelines, known as “Medical Treatment Guidelines” (MTGs), are designed to establish a uniform level of care and offer improved medical outcomes for workers. The MTGs provide a variety of testing medication, as well as therapy guidelines that doctors have to follow. They cover most injuries sustained in the workplace, including shoulder, back, neck and knee as well as carpel tunnel syndrome. Contrary to most health insurance plans, workers' compensation covers all medical services that are “reasonable and necessary” relevant to the legitimate claim. This includes doctor visits and prescription drugs, surgeries and hospitalization treatments. Many providers are reluctant to provide services that are not covered by the MTGs. The majority of insurance companies require that doctors have pre-authorization before they perform any procedure within the MTGs. If a provider believes the proposed treatment is appropriate and necessary then he or she may request a variance to that MTG. The doctor must formally request this from the insurer. Utilization review is a vital tool for controlling medical costs and preventing wastage. It can happen in a retrospective manner, concurrently, or prospectively. In workers' compensation law firm new jersey , utilization reviews are required for all medical treatments provided under workers compensation programs. It can be done within the health system, or by third parties such as health maintenance organizations. It is essential that workers' compensation patients receive top-quality medical care. This is among the biggest obstacles in improving the quality of medical treatment for workers' compensation. This is especially important because the MTGs aren't always well-defined, and injured workers are not able to “vote using their feet” on their own medical care. This is the reason that some states are seeking to blend the medical coverage that is offered through group health insurance and workers compensation plans into an “twenty-four-hour” model. Minnesota's Department of Human Services and employers have teamed up to create a program that offers “twenty-four hour” coverage. Disability Benefits Workers compensation law provides numerous benefits to disabled workers. These benefits include cash payments as well as vocational rehabilitation, medical care and cash payments. These benefits may be added to other programs, such as Social Security Disability Insurance (SSDI). If you are disabled and cannot work because of an illness or injury, you will probably receive both short-term and permanent disability benefits. Both benefits are designed to replace your income until it is possible to get back to work or find a new job. Typically the benefits you receive are the majority of your salary which excludes commissions and bonuses. The benefits can be paid for upto a year, or as small as a few weeks based on the coverage you have. You may also be eligible for both workers' compensation and state disability benefits. However, this will depend on your individual circumstances. In most states, you can also apply for Social Security disability benefits, but you must meet strict requirements of the SSA for SSDI. Your workers' compensation insurance company will begin sending you check for disability benefits when your doctor has determined you are permanently disabled. The amount you receive will be contingent on how severe your doctor's diagnosis states that your condition prevents you from working. If your doctor has determined that you are permanently and completely disabled as a result of spinal cord injuries you will be awarded a rating for total disability (or percentage) of 100%. This means that you are entitled to a weekly payment of $700. It is essential to keep in mind that your workers' compensation insurance company will also pay for any reasonable medical expenses that you are able to incur during your disability. This includes visits to doctors and other specialists. The only way to guarantee you will receive these benefits is by hiring an attorney who can argue the case for you. An experienced lawyer can help you get your claim accepted by the insurance company and ensure that you receive the most benefit for your injuries. If you have questions about disability benefits, please contact an experienced worker's compensation attorney at Silverman, Silverman & Seligman today. Our lawyers are adept at handling all aspects related to workers compensation cases. Vocational Rehabilitation Vocational rehabilitation is the service that injured workers receive to assist them in returning to work after an injury. Vocational rehabilitation is often utilized to assist injured workers find new employment or gain independence. If you have a permanent disability that prevents you from working or working, your Workers' Compensation insurance company has to provide you with vocational rehabilitation benefits. These benefits include counseling as well as job search and other services which can help you find jobs. The law requires that your rehabilitation specialist develop an individual rehabilitation plan for you. Your particular needs in terms of vocational and skills will be addressed in the plan. It could also include job search assistance or rehabilitation to help you get employment. North Carolina General Statute SS 97-32.2 allows the vocational rehabilitation program to be altered or updated at any time with your permission. This is an essential part of the vocational rehabilitation process since it guarantees that you will receive the most effective and efficient services that are available. It is important to work closely with your rehabilitation professional during this time. They will help you set realistic expectations, believe in your capabilities, and create your goals. They can assist you in making positive changes to your life that lead to greater success in your new career. A rehabilitation specialist might suggest that you consider taking up Temporary Alternative Duty (TAD) as a place to start. This is a job of limited duration that is able to be completed by you while you recover from your injury. TAD could last for limited to a few hours daily but it could last the length of time it takes to recover your full capacity. If your ability to work does not return to your pre-injury levels, you could be sent to the Department Labor's Employment Services Agency for job placement assistance. Your vocational rehabilitation counselor will design an education plan for you in order to secure an opportunity that pays more than your weekly salary prior to your injury. Your vocational rehabilitation counselor will work with you to create a job search strategy that will include contact with employers and attending job fairs. They will also help you in filling out applications for jobs and will provide you with your resume. Death Benefits Workers compensation law offers death benefits to the family members of deceased workers. These benefits are usually required to help the family members of deceased workers who may be suffering emotional and financial losses after the death of a loved. The death benefits are intended to pay funeral costs medical expenses, funeral expenses and income replacement payments for those who were financially dependent on the worker at the moment of his or her death. The state determines the amount of death benefits and it varies from one state to another. The eligibility of death benefits is determined by the specifics of the worker's job and the circumstances surrounding his or her death. Workers' compensation death benefits are available when the worker dies due to an accident or illness that is caused by work. While these benefits are a significant source of comfort for grieving families, submitting workers compensation claims can be tricky and difficult to navigate. Workers' compensation insurance companies are companies that wish to safeguard their bottom line. They want to pay as little as is possible to claimants, and they may contest the fact that a death occurred caused by work-related illness or conditions. It is vital to speak with an attorney for workers' compensation who is familiarized with the laws and regulations for death benefits in your state. They can guide you through the process of receiving death benefits and make sure that you receive the benefits to which you are entitled. New York's case is that the children of a deceased worker can receive weekly death benefits that are equal to two-thirds of what they earned in the previous year. These benefits are paid to the survivor's spouse, as well as any dependent children until they turn 18 years of age or meet other eligibility requirements. O'Connor Law PLLC can help in obtaining workers' compensation death benefits if you have lost a loved one due to an occupational injury or illness. We are sensitive to the difficult feelings that follow a workplace loss and will fight for your rights to receive the compensation you are entitled to.