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How Workers Compensation Law May Help You Workers compensation laws can help recover if youve been injured in an accident at work It is a nofault system which shields employees from lawsuits and limits employers liability Generallyspeaking all businesses that have employees except domestic servants and farm workers are required to carry workers compensation insurance Failure to do so can result in fines or even imprisonment Medical Care Medical care is a critical element of a successful workers compensation case It will ensure that your injured worker gets the medical care they require and help you to control your costs in the long term New York State has reformed its workers comp laws to create detailed guidelines that doctors and other health care professionals must adhere to in treating workers who suffer from injuries These guidelines also referred as Medical Treatment Guidelines or MTGs are intended to provide a uniform standard of care and to improve the medical outcomes of workers The MTGs contain a broad range of testing medication and treatment recommendations that physicians must abide by They cover the most common workplace injuries including shoulder back neck knee carpel tunnel syndrome and many more Unlike most health insurance plans workers compensation includes all medical services that are reasonable and necessary connected to the validity of a claim This includes doctor visits as well as prescription drugs and 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 service that falls under the MTGs A provider may also ask for an exception to a specific MTG if the doctor believes that the treatment proposed is actually sensible and essential The doctor must formally request this from the insurer Utilization review is a key method of controlling medical expenses and preventing waste This process can take place either concurrently or retrospectively or prospectively In many states utilization reviews are required for all medical services provided under workers compensation programs It can be carried out by the health care system or by thirdparty organizations such as health maintenance companies One of the biggest obstacles in improving workers compensation medical treatment is to ensure that patients receive topquality medical treatment This is especially important because the MTGs can be ambiguous and welldefined and injured workers are not able to vote using their feet regarding their own care This is the reason that some states are seeking to integrate the medical coverage provided through group health and workers compensation plans to create an twentyfourhour model In Minnesota for instance the partnership between employers and the state Department of Human Services is working to create a plan which offers twentyfourhour coverage Disability Benefits Workers compensation law offers various benefits for disabled workers These benefits include cash payments vocational rehabilitation medical care and cash payments They are also available in conjunction with other programs including Social Security disability insurance SSDI You could be eligible for both permanent and temporary disability benefits when you are disabled and are unable to work due to an injury or illness Both benefits are designed to replace your income until you can return to work or find a job These benefits typically pay a part of your salary but they do not pay commissions or bonuses These benefits are typically paid for some weeks or up to an entire year depending on your coverage You may also be eligible for both workers compensation and state disability benefits However this will depend on your individual circumstances In the majority of states you can apply for Social Security disability benefits but you must meet strict requirements of the SSA to qualify for SSDI Your workers compensation insurance company will begin sending you check for your disability benefits once your doctor has determined that you are permanently and completely disabled The amount you will receive will depend on how much your doctors report states that your condition is preventing you from working If your doctor concludes that you are permanently and totally disabled due to spinal injuries you will be given a rating for total disability or percentage of 100 percent This means that youre eligible for a weekly payment of 700 It is crucial to remember that the workers comp insurance company is also responsible for paying for any reasonable medical expenses that you incur while claiming your disability This will include visits with doctors and other specialists A lawyer can help you ensure that you receive these benefits An experienced attorney can assist you in negotiating the acceptance of your claim by the insurance company and get the most benefit from your injuries If you have any questions about disability benefits contact an experienced attorney for workers compensation at Silverman Silverman Seligman today Our lawyers are adept at dealing with all aspects of workers compensation cases Vocational Rehabilitation Vocational rehabilitation is the service that an injured worker receives to assist them in returning to work following an injury Usually vocational rehabilitation aids injured workers find employment and become more independent Your Workers Compensation insurer must offer vocational rehabilitation benefits when you suffer from an indefinite disability that blocks you from working These include counseling job search and other services to help you find a job Your rehabilitation professional must create a vocational rehabilitation plan that is tailored to your needs The plan will be designed to meet your particular needs and abilities as identified in the initial assessment of your vocational needs It could also include jobplacement assistance or Retraining to help you find work The North Carolina General Statute SS 97322 permits the vocational rehabilitation program to change or be updated at anytime with your permission This is an important part of the process of rehabilitation because it ensures that you can receive the most efficient and beneficial services available During this period you must be in close contact with your rehabilitation professional They can help you set your goals trust your abilities and set realistic expectations They can help you make positive changes in your life that will result in greater success in your new career Your rehabilitation expert may suggest that you consider taking up Temporary Alternative Duty TAD as a place to start It is a temporary position you can perform while you heal from your injury Although TAD can last just a few hours a day it will last as long as you are able to fully recover If your capacity to work does not return to the preinjury levels you could be directed to the Department of Labors Employment Services Agency for job assistance in locating If you have a disability which isnt covered by TAD or vocational rehabilitation your counselor will create an education plan to prepare you for an occupation that pays more than the average weekly wage before your injury workers compensation lawsuit gastonia will assist you develop a job search strategy This could include meetings with employers and going to job fairs They can also assist you fill out job applications and develop your resume Death Benefits Workers compensation law offers death benefits to family members of deceased workers These benefits are often required to assist family members of a deceased worker who may be suffering emotional and financial grieving over the loss of a loved one These benefits are paid to pay funeral costs medical expenses funeral costs and income replacement payments for dependents that were financially dependent on the worker at the time of death The amount of death benefits is determined by the state and varies from state to state The specifics of the workers job and the circumstances of the death determine the the possibility of receiving death benefits Workers compensation death benefits are offered if the employee dies as a result of an injury or accident that is related to work These benefits can provide significant relief for grieving families However it can be difficult and confusing to claim workers compensation benefits Insurance companies that cover workers compensation are companies that seek to safeguard their bottom line They want to pay out the least amount of money to the victims and could contest whether the death was caused by workrelated or occupational illness or condition It is vital to speak with a workers compensation lawyer who is wellversed in the laws and requirements for death benefits in your state They can guide you through the process of claiming death benefits and ensure that you receive the benefits to which you are entitled In New York for example dependents of a deceased worker can receive weekly death benefits equivalent to twothirds of the average weekly wage earned in the preceding year These benefits are paid to the surviving spouse and any dependent children until they die attain the age of 18 or meet other eligibility requirements OConnor Law PLLC can help you seek workers compensation death benefits if youve lost loved ones because of an occupational injury or illness We are sensitive to the difficult feelings caused by a workplace accident and will fight for your rights to compensation that you deserve