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How Workers Compensation Law May Help You Workers compensation laws can help you recover if youve been injured in an accident at work Its a no fault system that shields employees from lawsuits and restricts the liability of employers Generallyspeaking all businesses that have employees except domestic servants and farm laborers are required to carry workers compensation insurance In the event of a breach it could result in a fine or even imprisonment Medical Care Medical treatment is a crucial aspect of a successful workers compensation case It ensures that your injured employee receives the medical treatment the employee requires and can help you manage costs over the long term New York State has reformed its workers comp laws to provide specific guidelines doctors and other health professionals must follow in treating workers who suffer from injuries These guidelines also referred as Medical Treatment Guidelines or MTGs are intended to provide a single standard of care and to improve the medical outcomes for workers The MTGs contain a broad range of testing medication and therapy recommendations that doctors must follow They cover most workplace injuries including the back neck shoulder and knee and carpel tunnel syndrome In contrast to the majority of health insurance plans workers comp covers all medical services that are reasonable and essential in connection with an eligible claim This includes doctor visits prescription drugs and hospitalization Many providers are reluctant to provide services that arent covered by the MTGs Insurance companies typically require that doctors get preauthorization prior to performing any treatment under the MTGs A doctor may also request an amendment to a particular MTG if heshe believes that the treatment proposed is in fact sensible and essential This must be requested by the doctor Utilization review is a key method for controlling medical costs and to prevent waste This can be done simultaneously retrospectively or prospectively In the majority of states the requirement for utilization reviews is for all medical care services that are provided under workers compensation programs This process can be conducted in the health system or by thirdparty organizations like health maintenance organizations One of the biggest challenges in improving workers compensation medical treatment is ensuring that patients receive highquality medical treatment This is especially crucial because the MTGs can be ambiguous and specific and injured employees have limited opportunities to vote with their feet in regard to their own health care This is why some states are trying to combine the medical benefits provided through group health and workers compensation plans into the twentyfourhour model In Minnesota for example a partnership between employers and the state Department of Human Services is looking to develop a program that provides twentyfourhour coverage Disability Benefits There are many disability benefits offered by the workers compensation law These benefits include cash payments as well as vocational rehabilitation medical treatment and cash payments These benefits can be added to other programs such as Social Security Disability Insurance SSDI When you become disabled and cannot work because of an injury or illness it is likely that you will receive both permanent and shortterm disability benefits Both benefits are designed to replace your income until you are able to return to work or find a new job Typically these benefits pay you an amount of your salary that is not a commission or bonus These benefits can be paid for up to a full year or as low as a few weeks depending on the coverage you have You can also receive a combination of workers compensation and state disability benefits However this depends on your particular situation In many states you are able to apply for Social Security disability benefits however you must meet SSAs strict criteria for SSDI Your workers compensation insurance company will start sending you checks for disability benefits after your doctor has determined you are permanently and completely disabled The amount you receive will depend upon how severe your doctors diagnosis states that your condition prevents you from working For instance if a doctor says that you are completely and permanently disabled because of spinal cord injuries youd be receiving a total disability rating or percentage of 100 percent This means that you are entitled to a weekly pay of 700 It is crucial to be aware that your workers compensation insurance provider will also cover any reasonable medical expenses you pay for while you claim your disability This includes visits to specialists and doctors A lawyer can help you ensure that you are getting these benefits A knowledgeable attorney can help you fight for the acceptance of your claim by the insurance company and receive the most value for your injuries If you have any questions regarding disability benefits call an experienced workers comp attorney at Silverman Silverman Seligman today Our lawyers are proficient in handling all aspects of workers claims for compensation Vocational Rehabilitation Vocational rehabilitation is the name given to a range of services for injured workers who cannot return to work prior to the injury Vocational rehabilitation is often utilized to assist injured workers find a new job or gain independence workers compensation attorney north richland hills must provide vocational rehabilitation services for those who have an ongoing disability that prevents you from working This includes counseling as well as job search services to help you find employment Your rehabilitation specialist must develop a vocational rehabilitation program specifically for you The plan will be created to meet your specific needs and abilities as identified during the initial vocational assessment It could also include jobplacement assistance or retraining to help you find work The North Carolina General Statute SS 97322 allows the vocational rehabilitation plan to change or be updated at anytime with your consent This is a crucial aspect of the process of rehabilitation as it ensures that you will receive the most effective and beneficial treatment possible You must work closely with your rehabilitation professional during this period They will help you develop your goals be confident in your capabilities and establish realistic expectations They can assist you in making positive changes in your life that will lead to greater success in your new career Your rehabilitation professional could begin by assisting you in completing Temporary Alternative Duty TAD This is a temporary work that you can work on while you heal from your injury TAD could be as little as only a few hours per day but it can be longer than you need to return to your full capacity If your abilities do not get back to preinjury levels you may be referred by the Department of Labors Employment Services Agency to receive assistance in obtaining a job If you have a disability which isnt covered by TAD and vocational rehabilitation your counselor will create plans for training to prepare you for work that pays more than your average weekly wage before your injury Your vocational rehabilitation counselor will help you to create a job search strategy that will involve making contact with employers and attending job fairs They can also help you in completing applications for jobs and provide you with a resume Death Benefits Workers compensation law offers death benefits to families members of deceased workers These benefits are typically required to assist family members of deceased workers who may be facing emotional and financial losses following the passing of a loved These death benefits cover funeral costs medical expenses and income replacement payments for dependents that were financially dependent on the worker upon his death The state determines the amount of death benefits and it varies from state to the next The details of the workers particular employment and the circumstances of the death determine the the eligibility of death benefits Workers compensation death benefits are available when the employee dies as a result of an occupational injury or illness These benefits can be a 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 committed to protecting their bottom line They seek to pay as little as is possible to claimants They also may contest the fact that a death occurred due to workrelated sickness or other conditions It is essential to speak with an attorney for workers compensation who is familiar with the laws and requirements for death benefits in your state They can guide you through the process of getting death benefits and 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 that are equal to twothirds of the average weekly salary for the previous year These benefits are paid to the survivors spouse and children until they die reach age 18 or meet other eligibility requirements OConnor Law PLLC can help you get workers compensation death benefits if lost loved ones due to an occupational injury or illness We understand the grief that can come with a loss at work We will fight to help you get the compensation you deserve