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Workers Compensation How to File a Workers Compensation Claim Workers who are injured on the work site should report the incident immediately This will help prevent delays and problems when receiving workers compensation benefits Workers compensation benefits typically include medical treatment as well as vocational rehabilitation services and disability payments These benefits can differ in duration and amount from one state to the next Medical Treatment Workers compensation claims cover medical treatment for injuries sustained on the job This type of insurance includes hospitalizations doctor visits imaging studies xrays blood tests and the cost of rehabilitation treatments To promote objective healing and to meet the goal of returning to work New York State Workers Compensation Board has established medical treatment guidelines MTGs The guidelines are regularly updated based on changes in the medical field and recommendations from doctors These guidelines are meant to ensure that injured workers receive the same treatment as other employees with similar workrelated injuries or diseases These guidelines ensure that the appropriate treatment is provided to each illness or injury and that there arent unnecessary medical expenses In the event that a doctor determines that treatment outside of the MTGs is necessary and appropriate they can request a variance from an insurance company asking for an exemption to the MTGs This can be a lengthy process that could take a few months to be completed Employers and insurance companies must try their best to provide the necessary treatment if it is required In the event of disagreement between the employer and the employee it is possible to fail to provide the treatment This issue is often resolved by an evidentiary hearing before an administrator law judge Typically the treatment should be administered by a licensed health care provider in the area who is licensed to treat workers compensation claimants However in emergency situations an unlicensed or uncertified physician can render treatment for a workers injuries provided they are informed of the accident and that the appropriate first report of injury has been submitted by the supervisor or employer Many doctors are certified in workers comp and can charge a reduced cost for treating injured employees This is especially helpful to patients who have suffered an injury that is severe A variety of medical professionals are on hand to provide assistance to injured employees in addition to doctors This includes physical therapists occupational therapists and chiropractors The New York State Workers Compensation Board recommends that injured employees and their representatives consult with their attorneys before receiving any medical treatment In some cases this could be the only way to ensure that a worker is getting the best treatment possible Expenses The costs of a workers compensation claim may vary dependent on the individual worker and the state in the state in which they work The costs include medical insurance vocational rehabilitation costs as well as legal fees and settlement costs The majority of these costs are covered by the insurance policy However some of these costs are incurred by the employee or their spouse dependents andor dependents In many states employers are required to carry workers compensation coverage This safeguards employees from lawsuits as well as other damages that result from workplace accidents such as injuries or illnesses The policy covers employees who die on the job and provides compensation for medical treatment as well as wage replacement and death benefits While workers compensation insurance is essential it can also be expensive A workers compensation claim could cost businesses around 1 per hour of lost work These losses can be seen in the bottom line of the business and can result in a loss of efficiency and profitability It can also impact the companys reputation which can have an adverse effect on future business contracts and skilled employees Besides workers compensation a company can also incur additional indirect costs related to injuries suffered by employees These indirect costs could include costs like the time the employee is off work as well as the cost of hiring a substitute worker Another indirect cost is the cost of repairing or replacing equipment or property that was damaged as a result of an injuryrelated incident This is an enormous expense for any business and is particularly common for businesses with heavyduty machinery and equipment Finally the Occupational Safety and Health Administration OSHA fines associated with a high incidence rate could be a cost for the employer These fines are usually triggered when an organizations worker fatality or injury rates is examined Direct and indirect costs can be cut by creating an environment of positive work and minimizing workers claims for compensation It can also create an environment that is more profitable for the company and increase the morale of employees Time Off from Work A workplace injury can result in income loss that could be catastrophic However if youre receiving workers compensation benefits you might have options to make up the difference while you recuperate There are numerous types of time off that can be utilized by employees including vacation and sick leave Certain of these leave types are covered by federal or state laws while others are voluntary Businesses can utilize vacation and sick time to their advantage Employees can use their time off to take care of family members or to care for themselves Some companies provide personal time that can be used for things like medical appointments car checkups or other occasions eg parentteacher conferences workers compensation case gilbert have laws that require employers to offer paid sick days but this is not always the situation Some companies may be able to opt out of offering this type of leave This can be beneficial for businesses that do not have the resources to cover this type of leave Employers can also avail of offering flexible time This permits employees to take a certain amount of paid time off and the employer can compensate them by other means like increasing their hours or the amount of their pay Some states also require employers to provide the option of sick or vacation time This could encourage employees to take time off if they are sick or caring for family members If your employer doesnt offer any of these options its a good idea to speak with a lawyer regarding how you can best use your rights under the law If youre being asked to take paid time off for medical treatment or for any other reason a skilled attorney can help you understand and ensure your rights Some employers also provide employees with time off for extra work that theyve done above their contracted hours which is called time off in lieu or TOIL Some employees utilize this time to attend medical appointments or other forms of treatments Some also be juries members or to perform other duties they choose Appeal You are entitled to appeal an appeal against a denial of workers compensation benefits Within 30 days from the day the judge rendered a negative decision you may appeal to the states workers compensation board Appeals are an important part in the claim process They can assist you to receive the benefits you are entitled to after a workplace accident A knowledgeable attorney can help you navigate the appeals process and make sure that you receive the full amount of benefits to which you are entitled Many workers who are injured are denied workers compensation or have their claims reduced significantly by their insurance company This can be a devastating situation for an injured worker and is often done with the sole purpose of saving their employer and insurance company money The workers compensation judge will hear the appeal This is typically an inperson hearing however it can also be conducted by videoconferencing The judge will be listening to your and your lawyers concerns regarding your workers compensation claim during this hearing The judge will take a examine medical records wages and other evidence to determine whether you are entitled to receive workers compensation benefits and what the appropriate amount should be The judge may also look into any dispute concerning your injury The judge can then decide what benefits youre entitled to and how long those benefits will last If you are not satisfied with the judges decision you can appeal the decision to a higher court Typically you can appeal to the appellate division in your states court within 30 days of the decision of the workers compensation board Appeal can be difficult however your workers compensation lawyer will work hard to get you the best outcome An experienced attorney will look over your case and provide the appeals court with a reason the reasons you should be able to get a better results If you require assistance with a workers compensation appeal contact an experienced New York workers compensation law firm today The Turley Redmond Rosasco team is made up of highly experienced workers compensation lawyers who can help you obtain the highest amount of benefits to which your rights are entitled