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How Workers Compensation Law May Help You Workers compensation laws can assist you to get back on track if you've been injured in an accident at work. It's a no fault system that protects employees from lawsuits and limits the liability of employers. Generallyspeaking, all businesses that have employees except domestic servants and farm laborers are required to have workers compensation insurance. Failure to do so could be punished with fines or jail time. Medical Care A successful workers' comp claim will provide medical treatment. It can ensure that your injured employee receives the treatment they require and assists you in reducing expenses in the future. New York State has reformed its workers' comp laws to provide detailed guidelines doctors and other health care professionals must follow in treating workers who suffer from injuries. These guidelines, also known as “Medical Treatment Guidelines” (MTGs) are designed to establish a standard set of standards of care and to provide better medical outcomes for workers. The MTGs contain a broad range of tests, medications and therapy guidelines which doctors must adhere to. They cover most accidents at work, such as the back, neck, shoulder and knee as well as carpel tunnel syndrome. Unlike most health insurance plans, workers' comp covers all medical services that are “reasonable and necessary” in connection with a valid claim. This could include doctor's visits as well as prescription drugs, surgical procedures and hospitalization as well as urgent care treatments. Many providers are reluctant to provide services that are not covered by the MTGs. Insurance companies typically require that doctors obtain approval prior to the performance of any treatment under the MTGs. If a physician believes that the proposed treatment is appropriate and necessary then he or she may ask for a variance from the MTG. This must be requested by the doctor. workers' compensation claim indio is a key method of controlling medical expenses and preventing waste. It can be performed retrospectively, concurrently, 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 within the health system, or by third-party organizations like health maintenance organizations. One of the biggest obstacles in improving workers' compensation medical care is to ensure that patients receive top-quality medical care. This is especially important because the MTGs aren't always well-defined, and injured workers have limited opportunities to “vote using their feet” in regards to their own medical care. This is the reason that some states are trying to integrate the medical coverage provided by group health and workers compensation plans into an “twenty-four-hour” model. Minnesota's Department of Human Services and employers have teamed up to develop a program that provides “twenty-four hours” coverage. Disability Benefits There are a variety of disability benefits that are available under the workers compensation law. These benefits include cash payments as well as medical rehabilitation, vocational rehabilitation and cash payments. They can also be provided in conjunction with other programs, like Social Security disability insurance (SSDI). If you become disabled and unable to work due to an injury or illness the chances are you'll receive both short-term and permanent disability benefits. Both benefits are designed to supplement your income until you are able return to work or get a new job. Typically, these benefits pay you a portion of your salary that is not a commission or bonus. These payments can be made for up to one year, or as short as a few days, depending on which coverage you have. You could also be eligible for both workers compensation and state disability benefits. However this will depend on your personal circumstances. In most states, it is possible to apply for Social Security disability benefits, however, you must meet strict requirements of SSA's SSDI. Your workers' compensation insurance company will begin sending you check for disability benefits after your doctor has determined you are permanently disabled. The amount you will receive will be contingent on how severe your doctor's report states that your condition hinders you from working. For example, if your doctor states that you are totally and permanently disabled due to spinal cord injuries, you would be receiving a total disability rating, or percentage, of 100 percent. This means you're entitled to a $700 weekly payment. It is important that you be aware that your workers' compensation insurance company will cover reasonable medical expenses that you have to incur when you claim your disability. This includes visits to doctors and other specialists. The only way to be certain you will receive these benefits is to engage an attorney who will make the case for you. A skilled attorney will help you fight for the acceptance of your claim by the insurance company to ensure you get the most benefit from your injuries. Contact Silverman, Silverman & Seligman if you have any questions regarding your disability benefits. Our lawyers are skilled in handling all aspects of worker' compensation cases. Vocational Rehabilitation Vocational rehab is a type of treatment that injured workers receive to help them return to their job after an injury. In many cases, vocational rehabilitation can help injured workers find work and gain independence. If you have an illness that is permanent and prevents you from working, your Workers' Compensation insurance company must provide you with vocational rehabilitation benefits. This includes counseling and job search services to help you find employment. The law requires that your rehabilitation specialist develop an individual vocational rehabilitation plan for you. The plan will be developed to address your specific requirements and abilities as determined during the initial vocational assessment. It may also include job placement assistance or retraining to help you find jobs. North Carolina General Statute SS 97-32.2 permits a vocational rehabilitation plan to be altered or updated at any point with your consent. This is an important aspect in the vocational rehabilitation process because it guarantees you the best and most beneficial services. During this time, you should be in close contact with your rehabilitation professional. They will assist you in establishing your goals, rely on your capabilities, and establish realistic expectations. They can assist you in making positive changes in life that lead to greater success in your new job. Your rehabilitation specialist may suggest that you consider taking up Temporary Alternative Duty (TAD) as a start point. This is a temporary work that you can work on while you heal from your injury. TAD could be as little as only a few hours per day however, it could be as long as it takes to regain your full capacity. If your working capacity does not return to the pre-injury level, you may be referred to the Department of Labor's Employment Services Agency for job placement assistance. Your vocational rehabilitation counselor will design a training plan for you to be able to get an opportunity that pays more than your weekly earnings before your injury. Your vocational rehabilitation counselor will assist you create a job search strategy. This will involve meeting with employers and attending job fairs. They can also assist with completing applications for jobs and will provide you with a resume. Death Benefits Workers compensation law provides funeral benefits to family members of deceased workers. These benefits are often required to support the survivors of a deceased worker, who may be suffering from financial and emotional traumas following the loss of employment of loved ones. These benefits are paid to pay funeral expenses, medical expenses, and income replacement payments for dependents that were financially dependent on the worker upon his death. The state decides on the amount of death benefits , and it differs from one state to the next. The details of the worker's particular employment and the circumstances surrounding the worker's death determine whether death benefits are available. If the employee's death was the result of a job-related injury or illness, then workers' compensation death benefits are typically available. These benefits can bring significant relief to grieving families. However it can be challenging and difficult to make claims for workers' compensation. Insurance companies for workers' compensation are companies that seek to protect their bottom line. They want to pay as little as is possible to claimants. They also may contest the fact that a death occurred due to work-related sickness or other conditions. In this regard, it's essential to seek legal help from a lawyer for workers compensation who is knowledgeable of the laws and requirements for death benefits in your state. They can guide you through the process of receiving death benefits and make sure that you receive the money to which you are entitled. The New York example is that the children of a deceased worker may receive weekly death benefits equal two-thirds of the average weekly wage in the previous year. These benefits are paid to the survivor's spouse, any dependent children until they reach the age of the age of 18 or meet other eligibility requirements. O'Connor Law PLLC can help you obtain workers compensation death benefits if you've lost loved ones because of an occupational injury or illness. We understand the difficult emotions caused by a workplace accident and will fight for your right to receive the compensation you are entitled to.