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Workers Compensation How to File a Workers Compensation Claim Employees who are injured on the job should report the injury as soon possible This will prevent any problems and delays in receiving workers compensation benefits The typical workers compensation benefits comprise disability payments medical treatment and vocational rehabilitation services The amount and time frame of these benefits differ from state to state Medical Treatment Workers compensation claims are medical treatment for injuries sustained on the job This kind of insurance covers medical visits hospital stays imaging studies xrays and blood tests and the cost of rehabilitation services To encourage objective healing and achieve returntowork goals the New York State Workers Comp Board develops medical treatment guidelines MTGs The guidelines are regularly revised in accordance with medical advances and doctors recommendations These guidelines are designed to ensure that an injured worker receives the same treatment as other workers who suffer similar injuries or illnesses These guidelines guarantee that appropriate treatment is provided to each illness or injury and that there are no unnecessary medical expenses If the doctor decides that a treatment that is not in the MTGs is required he or she may request a variance with the insurance company asking for an express exemption from the MTGs This is a long process that could take a few months to be completed If the treatment is required the employer or insurer should make every effort to provide the treatment If there is an argument between the employer and employee it is possible for the employer or insurer to fail to provide the treatment This is usually resolved through an evidentiary hearing before an administrator law judge Usually the treatment should be provided by a licensed health care provider within the region who is licensed to treat claimants for workers compensation However in emergency situations a nonlicensed or noncertified doctor can provide treatment for injuries suffered by workers provided they have been notified of the accident and that the necessary initial report of injury has been submitted by the supervisor or employer Many doctors are certified in workers compensation and will charge a lower cost for treating injured employees This is especially helpful for patients who have suffered serious injuries A variety of medical professionals are available to offer treatment for injured employees in addition to doctors They include chiropractors occupational therapists and physical therapists The New York State Workers Compensation Board suggests that injured workers and their representatives speak with their attorneys before they receive any medical treatment This is the best way to make sure that injured workers receive top quality medical treatment possible in certain cases Charges The costs associated with a workers compensation claim can vary greatly depending on the individual employee and the state in which they work These costs include medical expenses and vocational rehabilitation expenses legal fees and settlement costs The majority of these costs are covered by the insurance policy Certain of these expenses might be caused by the employee their spouse or dependents Employers are required to carry workers compensation insurance in all states This protects employees from lawsuits and other damages that could result from workplace accidents like injuries or illnesses The policy covers medical care as well as wage replacement and death benefits for workers killed in the course of work While workers compensation insurance is essential it could also be expensive A workers compensation claim can cost businesses around 1 per hour of work lost These losses can be seen in the bottom line of the company which can cause an increase in productivity and profitability It can also affect the reputation of the business which could impact future business contracts and skilled workers A business can incur indirect costs resulting from injuries sustained by employees in addition to workers compensation Expenses such as the period during which an employee is off working or the cost of hiring a replacement worker are also included in these indirect costs Another indirect cost is the cost of the repair or replacement of equipment or property damaged during an injurycausing incident This can be a significant expense to any company and it is common for companies that use heavyduty equipment or equipment Employers could also be subject to OSHA fines for having high incident rates These fines are usually initiated when an organizations death or injury rate is examined Instilling a positive workplace culture and reducing workers compensation claims can help reduce these direct and indirect expenses for businesses It can also help create a more lucrative environment and boost morale of employees Time off from work A workrelated injury can cause income loss that is devastating You could be eligible for workers compensation benefits to help cover the gap until your healing is complete Employees are entitled to a variety of time off which include sick and vacation time Certain of these leave types are covered by the laws of the state or federal government while others are available as an option Vacation and sick leave are a great business tool because they allow employees to take time off work when theyre sick or require to care for a family member Some companies also provide personal time off that can be used to manage things such as doctors visits vehicle inspections and even events eg parentteacher conferences While some states have laws that require employers provide paid sick days for employees this is not always the situation Businesses that dont have the funds to pay for this kind of leave may be able to decide not to provide this kind of leave Employers also have the option of offering flex time Employers can provide flex time to employees This allows them to take some paid time off The employer can compensate for the difference by increasing the hours or raising their salary In addition to the options above Some states have also required employers to offer paid sick leave or vacation time which can be a good method for businesses to motivate employees to take time off when theyre ill or are required to care for the family member If your employer doesnt provide these alternatives its a good idea to speak to a lawyer to learn how you can best use your rights under the law workers compensation lawsuit lynn with experience can help you understand your rights and safeguard them in the event that you are required to make use of your paid time off to receive medical treatment or other purposes Some employers also offer employees the opportunity to take time off for work theyve completed beyond the time limits of their contract This is known as time off in lieu or TOIL Some of the time off is used to attend an appointment with a doctor or for other treatments and some are used for jury service or for other activities which the employee decides Appeal You have the right to appeal a denial of workers compensation benefits You can appeal to your states workers compensation board within 30 days from the date the judge decided against you Appeals are an important component of the claims procedure and can be a significant tool to help you receive the compensation you deserve after an injury at work A knowledgeable attorney can assist you navigate the appeals process and ensure that you get all the benefits to which you have earned Many injured workers are denied workers compensation or have their claims reduced drastically by their insurance company This is a very difficult situation for injured workers and is usually carried out with the sole intention of saving their employer and the insurance company money The appeals process starts with a hearing in front of the workers compensation judge The hearing is usually conducted live however it may also be conducted via videoconferencing The judge will listen to your lawyers and your attorneys concerns about your workers compensation claim at this hearing He or she will examine the medical records wages and other evidence to determine whether you are entitled to workers compensation benefits and what that amount should be In addition the judge can also consider any dispute regarding your injury The judge will then decide which benefits you are entitled and the length of time they should last If you arent satisfied with the judges decision you can then appeal that decision to a higher court Typically an appeal must be filed with the appellate division of your states courts within 30 days of the workers compensation boards decision Appealing can be a challenge however your workers compensation lawyer will work hard to get you the best outcome A knowledgeable attorney will review your case and provide the appeals court with a reason why you should receive better result Contact an experienced New York workers comp law firm today if you require assistance with a appeal to the compensation The Turley Redmond Rosasco team is comprised of skilled workers compensation lawyers who will assist you in obtaining the maximum amount of benefits to which your rights are entitled
