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How Workers Compensation Law May Help You If youve suffered injuries through a workrelated accident workers compensation laws can assist you in recovering It is a nofault system which protects employees against lawsuits and limits the liability of employers In general all businesses with employees with the exception of domestic servants and farm laborers are required to carry workers compensation insurance Infractions to this requirement could result in fines or even jail time Medical Care A successful workers compensation claim will also include medical care It ensures that your injured worker receives the treatment the employee requires and also helps you control costs in the longterm New York State has amended its workers compensation laws to provide specific guidelines to doctors and other health professionals who treat employees who have suffered workrelated injuries These guidelines known as Medical Treatment Guidelines MTGs are designed to establish a uniform standard of care and provide improved medical outcomes for workers The MTGs provide a range of medications tests and treatment recommendations that doctors must follow They cover the most commonlyreported workplace injuries including back neck shoulder knee carpel tunnel syndrome and many more Workers compensation covers medical services that are reasonable and necessary to the payment of a valid claim unlike most other health insurance plans This can include doctor visits as well as prescription drugs surgical procedures hospitalization and urgent care treatments Many providers are reluctant to provide services that are not covered by the MTGs Most insurance companies require that doctors have preauthorization before they offer any treatment under the MTGs A provider can also request an amendment to a particular MTG if the doctor believes that the treatment proposed is sensible and essential This must be requested by the doctor Utilization review is a vital tool for controlling medical costs and preventing wastage This can be done in a retrospective manner concurrently or prospectively In most states the requirement for utilization reviews is for all medical services offered under workers compensation programs This process can be conducted in the health system or by third parties such as health maintenance organizations One of the most difficult issues in improving workers compensation medical treatment is ensuring that patients receive highquality medical treatment This is particularly important as MTGs can be confusing and injured workers may not have the opportunity to vote with your feet about their treatment This is the reason that some states are seeking to combine the medical coverage offered by group health plans and workers compensation plans into the twentyfourhour model Minnesotas Department of Human Services and employers have teamed up to create a program which offers twentyfour hour coverage Disability Benefits Workers compensation law provides a variety of benefits for disabled workers These benefits include cash payments vocational rehabilitation medical treatment and cash payments They can also be provided in conjunction with other programs for instance Social Security disability insurance SSDI You could receive both permanent and temporal disability benefits if you are disabled and unable to work due to an injury or illness workers compensation law firm omaha are designed to replace your income until you are able to return to work or find a job These benefits usually pay a certain percentage of your salary but they do not pay commissions or bonuses These benefits are typically paid for a few weeks or up to a year or more dependent on the coverage you have You could also be eligible for both workers compensation and state disability benefits However this will depend on your specific circumstances You may also apply for Social Security disability benefits in the majority of states However you must meet the strict criteria of the SSA to be eligible for SSDI Once your doctor has declared you permanently disabled the workers compensation insurance company will begin to send you checks for your disability benefits The amount you receive will depend on the severity of your doctors diagnosis states that your condition is preventing you from working If your doctor declares 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 you are entitled to a weekly check of 700 It is crucial to remember that your workers compensation insurance provider will also pay for any reasonable medical expenses you have to incur when you claim your disability This will include visits with doctors and other specialists A lawyer can help you to ensure you receive these benefits A knowledgeable attorney will fight to get your claim accepted by the insurance company and help you get the maximum benefit for your injuries If you have questions about disability benefits contact an experienced workers compensation attorney at Silverman Silverman Seligman today Our lawyers are adept at handling all aspects of workers compensation cases Vocational Rehabilitation Vocational rehab is a type of treatment that an injured worker receives to help them return to their job after an injury In many cases vocational rehabilitation can help an injured worker find other job opportunities and to become more independent Your Workers Compensation insurer must provide vocational rehabilitation services for those who have a permanent disability that prohibits you from working These include counseling job search and other services to help you find a job The law requires that your rehabilitation professional design an individual plan for vocational rehabilitation for you Your particular needs in terms of vocational and capabilities will be addressed in the plan It may also include retraining or other jobrelated assistance to assist you in finding work in a new field North Carolina General Statute SS 97322 allows the vocational rehabilitation program to be altered or revised at any time with your approval This is an important part in the vocational rehabilitation process to ensure that you receive the most effective and efficient services During this time it is important to keep in touch with your rehabilitation specialist They can help you set realistic expectations trust your capabilities and create your goals They can assist you in making positive changes in life that will lead to greater success in a new job Your rehabilitation professional may start by helping you with Temporary Alternative Duty TAD This is a temporary work that you can do as you recover from your injury TAD can be limited to a few hours daily but it can be for as long as it takes to recover your full capacity If your performance does not improve to levels prior to your injury you may be referred by the Department of Labors Employment Services Agency to receive job placement assistance Your vocational rehabilitation counselor will create a training plan for you to ensure that you can get an opportunity that pays more than your weekly wage before your injury Your vocational rehabilitation counselor will help you create a job search strategy This includes meeting with employers and going to job fairs They can also help you to fill out job applications and develop resumes Death Benefits Workers compensation law offers funeral benefits to family members of deceased workers These benefits are usually required to provide support to family members of the deceased worker who could be suffering financial and emotional loss following the death of a loved one The death benefits are intended to cover funeral costs medical expenses funeral costs and replacement payments for those who were financially dependent on the worker at the time of his or her death The state determines the amount of death benefits and it differs from one state to another The eligibility of death benefits is determined by the specifics of the workers job and the circumstances of his or her death Workers compensation death benefits are available when the employee dies from an occupational injury or illness While these benefits are an important source of comfort for grieving families filing worker compensation claims can be challenging and challenging to navigate Workers compensation insurance companies are companies that seek to safeguard their bottom line They aim to pay the least amount possible to people who have been injured and they may contest whether or not a death was related to work or an occupational illness or condition It is crucial to consult a workers compensation lawyer who is familiarized with the rules and regulations for death benefits in your state These attorneys can guide you through the process of receiving death benefits and make sure that you receive the money to which you are entitled New Yorks case is that the children of deceased workers can receive weekly death benefits equal twothirds of the average weekly salary in the previous year These benefits are paid to the surviving spouse and children until they die reach age 18 or meet other eligibility requirements OConnor Law PLLC can help you seek workers compensation death benefits if you have lost a loved one due to an occupational injury or illness We are aware of the emotional turmoil that follow a workplace loss and will fight for your right to the compensation you deserve
