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How Workers Compensation Law May Help You If you've been injured by a workplace accident, workers' compensation laws can aid you in recovering. It's a system of no-fault that protects employees from lawsuits and reduces the liability of employers. All businesses that have employees, excluding domestic servants or farm laborers must have workers insurance for workers' compensation. Infractions to this requirement could result in a fine or even jail. Medical Care Medical treatment is an essential element of a successful workers' compensation case. It ensures that your injured worker receives the treatment the employee requires and can help you manage costs in the long run. New York State has amended its workers' compensation laws to provide specific guidelines for doctors and other health care professionals to treat employees who have suffered work-related injuries. These guidelines, referred to as “Medical Treatment Guidelines” (MTGs), are designed to establish a standard quality of care and ensure better medical outcomes for employees. The MTGs comprise a variety of testing, medication and treatment recommendations that doctors must follow. They cover most workplace injuries, including the shoulder, back, neck and knee, as well as carpel tunnel syndrome. Workers' insurance covers all medical expenses that are “reasonable” and necessary for the payment of a valid claim unlike many other health insurance plans. This includes doctor visits, prescription drugs and hospitalization. Many providers are reluctant to provide services that aren't 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 doctor believes that the proposed treatment is reasonable and necessary, he or she can request a change to the MTG. The doctor must request this from the insurance company. Utilization review is a vital tool to control medical costs and preventing waste. This process can occur simultaneously, retrospectively, or prospectively. In the majority of states the requirement for utilization reviews is for all medical treatments provided under workers' compensation programs. This can be done by the health system or by third parties such as health maintenance organizations. It is vital that workers' compensation patients receive top-quality medical care. This is among the biggest challenges to improving workers' comp medical care. This is especially important since the MTGs can be confusing and injured workers may not be able to “vote on their feet” on their treatment. Some states are attempting to combine the medical coverage provided through group health and insurance plans into a “twenty four-hour” model. Minnesota's Department of Human Services and employers have formed a partnership to create a program that provides “twenty-four hour” coverage. Disability Benefits Workers compensation law offers many benefits for disabled workers. These benefits include medical treatment as well as cash payments and vocational rehabilitation. These benefits may be in conjunction with other programs like Social Security Disability Insurance (SSDI). You are likely to receive both permanent and temporary disability benefits when you are disabled and are unable to work because of an injury or illness. Both benefits are designed to replace your income until you can return to work or find another job. Typically they pay you a portion of your salary, excluding bonuses and commissions. The benefits can be paid for up to one year, or as low as a few weeks , depending on the type of coverage you've got. You could be eligible for both workers' compensation and state disability benefits. However, this will depend on your specific circumstances. You could also apply for Social Security disability benefits in most states. However you must meet the strict criteria of the SSA to be eligible for SSDI. When your doctor has determined that you are permanently and irreparably disabled then the workers' comp insurance company will start sending you checks to cover your disability benefit. The amount you receive will be contingent on how severe your doctor's report states that your condition makes it impossible for you to continue working. If your doctor determines 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 percent. This means you're entitled to a $700 weekly payment. It is important to remember that the workers' comp insurance company is also responsible for covering any reasonable medical expenses that you incur while claiming your disability. This will include visits with doctors and other specialists. The only way to ensure you will receive these benefits is by hiring an attorney who can argue the case for you. A skilled attorney can assist you in negotiating the acceptance of your claim by the insurance company and receive the maximum benefit for your injuries. Contact Silverman, Silverman & Seligman should you have any concerns about your disability benefits. Our lawyers are experienced in handling all aspects related to workers claims for compensation. Vocational Rehabilitation Vocational rehab is a type of services for injured workers who cannot return to their previous job. Vocational rehabilitation is commonly employed to help injured workers find new employment or to become more independent. If you have an ongoing disability that stops you from working and earning a living, your Workers' Comp insurance company has to provide you with vocational rehabilitation benefits. These benefits include counseling or job search assistance, as well as other services which can help you find employment. The law requires that your rehabilitation specialist develop an individual vocational rehabilitation plan for you. Your specific vocational requirements and talents will be addressed in the plan. It may also include retraining and other job-related assistance to help you find employment in a new field. The North Carolina General Statute SS 97-32.2 permits the vocational rehabilitation plan to be changed or updated at anytime with your permission. This is a crucial aspect in the vocational rehabilitation process as it ensures you receive the most efficient and effective services. You should be working closely with your rehabilitation specialist during this time. They can help you set realistic expectations, be confident in your abilities, and develop your goals. They can help you make positive changes to your life that will lead to greater success in a new career. Your rehabilitation specialist may begin by assisting you with Temporary Alternative Duty (TAD). This is a temporary job which can be performed by the person who is recovering from your injury. While TAD may take some time per day, it can last for as long as you get back to your full potential. If your work ability does not return to pre-injury levels, you may be referred by the Department of Labor's Employment Services Agency to receive help in finding a job. If you suffer from a disability that is not eligible for TAD the vocational rehabilitation counselor will devise a training plan to prepare you for the job that pays you more than the average weekly wage before your injury. Your vocational rehabilitation counselor will work with you to create a job plan for your job search, which will include contact with employers and attending job fairs. They can also help you to fill out job applications and develop a resume. Death Benefits Workers compensation law provides death benefits to families members of deceased workers. They are typically needed to assist family members of the deceased worker who could be facing emotional and financial losses following the passing of a loved one. The death benefits pay for funeral expenses as well as medical expenses. They also provide income replacement payments for dependents that were financially dependent on the worker at the time of death. The amount of death benefits is set by the state and differs from state to state. The specific details of the worker's employment and the circumstances of the worker's death determine the possibility of receiving death benefits. Workers' compensation death benefits are available in the event that the worker dies due to an occupational injury or illness. While these benefits can be a huge source of comfort for grieving families, filing workers compensation claims can be difficult and challenging to navigate. This is due in part to the fact that workers' compensation insurance companies are businesses that are committed to protecting their bottom line. They want to pay out the least amount of money to claimants, and they also could contest whether the cause of death was work or an occupational illness or condition. As such, it's important to seek legal help from a worker's compensation lawyer who is knowledgeable of the laws and requirements for death benefits in your state. These lawyers can guide you through the process of getting death benefits and ensure that you receive the compensation to which you are entitled. workers' compensation attorney troy is that the dependents of deceased workers can receive weekly death benefits equal two-thirds the average weekly wage in the previous year. These benefits are paid to the survivor's spouse, as well as any dependent children, until they reach the age of 18 or meet other eligibility requirements. O'Connor Law PLLC can help you seek workers compensation death benefits if you've lost a loved one because of an occupational injury or illness. We are aware of the emotional turmoil that result from a workplace death and will fight for your rights to be compensated for the loss you suffered.