How Workers Compensation Law May Help You
Workers compensation laws can help get back on track if you've been injured in an accident at work. It's a no-fault system that shields employees from lawsuits and limits employers' liability.
All businesses with employees, with the exception of farm laborers or domestic servants must have workers insurance for compensation. Infractions to this requirement could result in fines or imprisonment.
Medical Care
Medical care is an essential element of a successful workers compensation case. It can ensure that your injured employee receives the medical treatment the employee requires and assists you in reducing expenses in the future.
New York State has amended its workers law to provide specific guidelines to doctors and other health specialists when treating employees who have suffered work-related injuries. These guidelines, also referred as "Medical Treatment Guidelines" or MTGs, are intended to establish a treatment standard and improve the medical outcomes for workers.
The MTGs contain a broad range of testing, medications and therapy recommendations that physicians must abide by. They cover the majority of workplace injuries, including the back, neck, shoulder and knee and carpel tunnel syndrome.
As opposed to many health insurance plans,
workers' compensation covers all medical services that are "reasonable and essential" relevant to a valid claim. This includes doctor visits and prescription drugs as well as hospitalization.
However there are many providers unwilling to provide treatment that is not within the MTGs. Insurance companies generally require that doctors obtain approval prior to the performance of any treatment under the MTGs.
If a physician believes that the proposed treatment is reasonable and necessary then he or she may request a change to the MTG. The doctor must formally request this from the insurer.
Utilization review is an essential method of controlling medical expenses and to prevent waste. It can happen in a retrospective manner, concurrently, or prospectively. In the majority of states, utilization review is required for all medical procedures offered under workers' comp programs and can be performed by the health care system or by third-party organizations like health maintenance organizations.
One of the biggest challenges in improving workers' compensation medical treatment is to ensure that patients receive the highest quality medical treatment. This is crucial since the MTGs are often not clear, and injured workers have only a few opportunities to "vote with their feet" on their own medical care.
This is why certain states are attempting to integrate the medical coverage provided through group health and workers compensation plans into an "twenty-four-hour" model. In Minnesota, for example, the partnership between employers and the state Department of Human Services is seeking to create a program that offers "twenty-four-hour" coverage.
Disability Benefits
There are a number of disability benefits that are available under the workers compensation law. These benefits include cash payments such as medical rehabilitation, vocational rehabilitation and cash payments. These benefits may be added to other programs, like Social Security Disability Insurance (SSDI).
If you are disabled and cannot work because of an injury or illness the chances are you'll receive both short-term and permanent disability benefits. Both benefits are intended to supplement your income until it becomes feasible to return to work or find new employment.
Typically the benefits you receive are an amount of your salary, excluding bonuses and commissions. These payments can be made for up to a year, or as short as a few weeks , depending on the type of coverage you have.
You could also be eligible for workers compensation and state disability benefits. However this will depend on your personal circumstances. In the majority of states, it is possible to apply for Social Security disability benefits, however, you must meet SSA's strict criteria for SSDI.
Your workers' compensation insurance company will start sending you checks for disability benefits after your doctor has determined you are completely and permanently disabled. The amount you will receive will depend upon how severe your doctor's report states that your condition hinders you from working.
For instance, if a doctor says that you are completely and permanently disabled because of spinal cord injuries, you would receive an overall disability rating, or percentage, of 100%. This means that you are entitled to a weekly $700 payment.
It is important that you remember that your worker's compensation insurance company will pay for any reasonable medical expenses you incur while you claim your disability. This includes visits to specialists and doctors.
The only way to be certain that you'll be able to receive these benefits is to hire an attorney who can argue the claim for you. A skilled attorney can fight to have your claim accepted by the insurance company, and help you receive the best possible compensation for your injuries.
If you have questions about disability benefits, call an experienced attorney for
workers' Compensation lawyer compensation at Silverman, Silverman & Seligman today. Our lawyers are adept at handling all aspects related to workers' compensation cases.
Vocational Rehabilitation
Vocational rehabilitation is a program of assistance for injured workers who are unable to return to their pre-injury job. Vocational rehabilitation is typically utilized to assist injured workers find new jobs or become more independent.
If you suffer from an illness that is permanent and prevents you from working then your Workers' Compensation insurance provider must provide you with vocational rehabilitation benefits. These benefits include counseling or job search assistance, as well as other services which can help you find jobs.
Your rehabilitation professional must create a vocational rehabilitation program that is unique to you. Your specific vocational requirements and skills will be addressed in the plan. It may also include job placement assistance or training to help you find jobs.
The North Carolina General Statute SS 97-32.2 permits the vocational rehabilitation plan to be changed or 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.
During this time, it is important to keep in touch with your rehabilitation specialist. They will help you establish your goals, rely on 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 job.
Your rehabilitation professional may start by assisting with Temporary Alternative Duty (TAD). It is a temporary position that you can work on while you heal from your injury. While TAD may take a few hours per day, it will last as long as you get back to your full potential.
If your abilities do not improve to levels prior to your injury, you could be referred to the Department of Labor's Employment Services Agency to receive assistance in obtaining a job. If you have a disability that isn't eligible for TAD and vocational rehabilitation, your counselor will create an educational plan to prepare you for a job that pays more than the average weekly wage before your injury.
Your vocational rehabilitation counselor will work with you to devise a job strategy for job search that includes contacting employers and attending job fairs. They can also assist you with filling out job applications and create a resume.
Death Benefits
Workers compensation law provides funeral benefits to family members of deceased workers.