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How Workers Compensation Law May Help You Workers compensation laws can assist you to recover if you have been injured in an accident at work Its a no fault system that shields employees from lawsuits and limits the liability of employers Generally all businesses with employees except domestic servants and farm laborers are required to have workers compensation insurance In the event of a breach it could be punished with fines or jail time Medical Care A successful workers compensation case will include medical care It will ensure that your injured worker gets the care he or she requires and help you to control your costs in the long term New York State has reformed its laws on workers compensation to establish detailed guidelines that doctors and other health care professionals must follow in treating workers who suffer from injuries These guidelines referred to as Medical Treatment Guidelines MTGs are designed to establish a single standard of care and provide improved medical outcomes for workers The MTGs cover a range of testing medications and therapy recommendations that doctors must adhere to They cover the majority of workplace injuries including the shoulder back neck and knee and carpel tunnel syndrome Workers compensation covers all medical treatments that are reasonable and necessary for the payment of a valid claim unlike other health insurance plans This includes doctor visits or prescription drugs as well as hospitalization Many providers are reluctant to offer services that are not covered by the MTGs Insurance companies generally require that doctors get an authorization prior to performing any procedure under the MTGs A doctor can also request a variance to a specific MTG when he or she believes that the treatment proposed is appropriate and needed The doctor must request this from the insurer Utilization review is a vital tool for controlling medical costs and preventing wastage It can happen retrospectively concurrently or prospectively In many states utilization reviews are required for all medical services provided under workers compensation programs This can be performed in the health system or by third parties such as health maintenance organizations One of the most difficult issues in improving workers compensation medical care is to ensure that patients receive topquality medical treatment This is crucial since the MTGs arent always clear and injured workers have a limited opportunity to vote by their feet in regards to their own care Some states are trying to combine the medical coverage offered by group health plans and workers comp plans into a twenty fourhour model In Minnesota for example the partnership between employers and the state Department of Human Services is seeking to create a program that offers twentyfourhour coverage Disability Benefits There are a number of disability benefits under workers compensation law These benefits include medical assistance or cash payments as well as vocational rehabilitation These benefits may be coupled with other programs such as Social Security Disability Insurance SSDI If you become disabled and are unable work due to an injury or illness the chances are youll receive both shortterm and permanent disability benefits Both benefits are designed to replace your income until youre able to return to work or get a new job These benefits typically pay a portion of your salary however they do not include commissions or bonuses The payments are typically made for just a few weeks or up to one year or more according to the coverage you have You may be eligible to receive both workers compensation and state disability benefits However it is contingent on your particular 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 Once your doctor deems you permanently and completely disabled then the workers compensation insurance company will begin sending you checks for your disability benefits The amount you will receive will depend on how severe your doctors diagnosis states that your condition hinders you from working For instance if you physician says you are totally and permanently disabled due to spinal cord injuries you would receive an overall disability rating or percentage of 100 This means youre entitled to a weekly payment of 700 It is vital to remember that your workers compensation insurance provider will also cover reasonable medical expenses you incur while you claim your disability This includes visits to doctors and other specialists The only way to ensure you will receive these benefits is by hiring a lawyer who can make the claim for you A skilled attorney can assist you in negotiating the acceptance of your claim by the insurance company and receive the most value for your injuries If you have any questions about disability benefits call an experienced attorney for workers compensation at Silverman Silverman Seligman today Our lawyers are adept at handling all aspects of workers compensation cases Vocational Rehabilitation Vocational rehabilitation is a program of services offered to injured workers who cannot return to their previous job Vocational rehabilitation is typically utilized to assist injured workers find employment or gain independence If you suffer from an ongoing disability that stops you from working then your Workers Compensation insurance company has to provide you with vocational rehabilitation benefits This includes counseling and job search services to help you find work The law requires that your rehabilitation specialist develop an individual rehabilitation plan for you The plan will be designed to address your specific needs and skills as determined in the initial assessment of your vocational needs It could also include job search assistance or retraining to help you find employment The North Carolina General Statute SS 97322 permits a vocational rehabilitation program to change or be updated at anytime with your consent This is an important aspect in the process of rehabilitation to ensure that you receive the most effective and efficient services You should be working closely with your rehabilitation specialist during this period They can help you set realistic expectations trust your capabilities and set your goals They can also help you make positive adjustments to your lifestyle that will help you achieve more success in your new job A rehabilitation specialist might suggest you to take on Temporary Alternative Duty TAD as a place to start This is a temporary job which can be performed by the person who is recovering from your injury Although TAD can last just a few hours a day it will be sustained for as long as it takes to recover to your full capacity If your work capacity is not restored to your preinjury capacity you could be sent to the Department Labors Employment Services Agency for job placement assistance If you are disabled and which isnt covered by TAD the vocational rehabilitation counselor will develop an educational plan to prepare you for an occupation that pays more than your weekly average wage before your injury Your vocational rehabilitation counselor will work with you to create a job plan for your job search which will include making contact with employers and attending job fairs They can also help you complete application forms and build a resume Death Benefits Death benefits are financial resources that is provided by the law of workers compensation to the relatives of a deceased worker workers compensation lawyer utah are typically required to support the survivors of a deceased worker who might be suffering financial and emotional loss following the loss of employment of a loved one The death benefits are intended to pay funeral expenses as well as medical expenses and replacement payments for dependents who were financially dependent on the worker at the time of his or her death The amount of death benefits is determined by the state and varies from state to state The eligibility for death benefits is determined by the particulars of the workers employment and the circumstances surrounding the death If the worker died as a result of an injury at work or illness or accident then workers comp death benefits are generally available These benefits can bring significant relief for grieving families However it can be challenging and confusing to file workers compensation claims This is due in part to the fact that workers compensation insurance firms are companies dedicated to protecting their bottom line They aim to pay as little as possible to claimants and they may contest the fact that a death occurred due to workrelated sickness or conditions It is essential to speak with a workers compensation lawyer who is wellversed in the laws and requirements for death benefits in your state These lawyers can guide you through the process of filing for death benefits and help ensure that you receive the compensation to which you are entitled In New York for example the children of deceased workers are entitled to weekly death benefits of up to twothirds of the average weekly wage earned in the preceding year These benefits are paid to the survivors spouse and any dependent children until they reach the age of 18 years of age or meet other eligibility requirements If you have lost your loved ones due to an occupational or onthejob illness you can rely on the skilled attorneys at OConnor Law PLLC to assist you in obtaining workers compensation death benefits We know the traumatic emotions that accompany a loss at work and will fight for your rights to compensation that you deserve