How Workers Compensation Law May Help You
If you've suffered injuries in an accident at work,
workers' compensation lawyers compensation law can aid you in recovering. It is a no-fault system which protects employees against lawsuits and limits employers' liability.
Generally, all companies with employees with the exception of farm laborers and domestic servants are required to carry workers' compensation insurance. Infractions to this requirement could result in a fine or even jail.
Medical Care
Medical treatment is a crucial element of a successful workers compensation case. It will ensure that your injured worker gets the treatment he/she needs, and help you to control your costs in the long-term.
New York State has amended its workers compensation laws to provide specific guidelines to doctors and other health specialists when treating workers who have suffered from work-related injuries. These guidelines, also known as "Medical Treatment Guidelines" or MTGs, are intended to provide a uniform set of guidelines for treatment and improve the medical outcomes of workers.
The MTGs provide a range of testing, medication and therapy guidelines that physicians must abide by. They cover the majority of workplace injuries, including the back, neck, shoulder and knee and carpel tunnel syndrome.
Unlike most health insurance plans, workers' comp will cover all medical expenses that are "reasonable and necessary" relevant to a valid claim. This includes doctor visits and prescription drugs, surgeries, hospitalization and urgent care treatments.
Many providers are reluctant to provide services that are not covered by the MTGs. Insurance companies typically require that doctors get pre-authorization prior to performing any service under the MTGs.
A doctor can also request an amendment to a particular MTG when he or she believes that the treatment proposed is reasonable and is necessary. The doctor must formally request this from the insurance company.
Utilization review is an essential tool for controlling medical costs and preventing waste. This process can take place in a retrospective manner, concurrently, or prospectively. In many states Utilization reviews are mandatory for all medical care services that are provided under workers' compensation programs. This process can be conducted by the health system or by third parties such as health maintenance organizations.
One of the biggest obstacles in improving workers' compensation medical care is ensuring that patients receive the highest quality medical care. This is crucial since MTGs are not always clear, and injured workers have a limited opportunity to "vote with their feet" in regards to their own care.
This is why some states are trying to combine the medical benefits provided through group health and workers compensation plans to create an "twenty-four-hour" model. Minnesota's Department of Human Services and employers have formed a partnership to create a program which offers "twenty-four hour" coverage.
Disability Benefits
There are a number of disability benefits available through workers compensation law. These benefits include medical assistance or cash payments as well as vocational rehabilitation. They are also available in combination with other programs, for instance, Social Security disability insurance (SSDI).
You are likely to receive both permanent and temporal disability benefits if you're disabled and cannot work because of 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 portion of your salary, but do not pay commissions or bonuses. These payments are usually made for only a few weeks, but can extend to a year or more, subject to your coverage.
You could be eligible to receive both workers' compensation and state disability benefits. However, this will depend on your individual circumstances. In many states, you can also apply for Social Security disability benefits, however, you must satisfy the strict requirements of the SSA for SSDI.
Your
workers' compensation lawsuits compensation insurance company will begin to send you checks for disability benefits after your doctor has determined that you are permanently and completely disabled. The amount you will receive will be contingent on how severe your doctor's diagnosis states that your condition hinders you from working.
If your doctor has determined that you are permanently and completely disabled because of spinal cord injuries, you will be given the rating of total disability (or percentage) of 100 percent. This means you are entitled to a weekly $700 payment.
It is important that you remember that your workers' compensation insurance company will cover any reasonable medical expenses that you are able to incur during your disability. This includes visits to doctors and other specialists.
The only way to ensure you will receive these benefits is by hiring an attorney who can present the case for you. An experienced attorney can help you fight for the acceptance of your claim by the insurance company and receive the maximum benefit for your injuries.
If you have any questions about disability benefits, contact an experienced worker's comp attorney at Silverman, Silverman & Seligman today. Our attorneys are experienced in dealing with all aspects of worker compensation cases.
Vocational Rehabilitation
Vocational rehabilitation is the name given to a range of services for injured workers who are unable return to their pre-injury job. Vocational rehabilitation is commonly employed to help injured workers find new jobs or become more independent.
Your Workers' Comp insurance provider must offer vocational rehabilitation benefits when you suffer from a permanent disability that prohibits you from working. These include counseling, job search and other services to help you find work.
Your rehabilitation professional will develop an occupational rehabilitation plan that is tailored to your needs. The plan will be created to meet your specific requirements and abilities as determined in the initial assessment of your vocational needs. It could also include retraining and other aid to job placement to assist you in finding work in an area that is not yours.
The North Carolina General Statute SS 97-32.2 allows a vocational rehabilitation program to be modified or updated at anytime with your consent. This is a crucial aspect of the process of vocational rehabilitation as it ensures you will receive the most effective and efficient services that are available.
You must work closely with your rehabilitation specialist during this period. They will assist you in setting realistic expectations, trust in your abilities, and develop your goals. They can help you make positive changes in life that lead to greater success in your new job.
Your rehabilitation specialist may begin by assisting you in completing Temporary Alternative Duty (TAD). It is a temporary position that you can work on as you recover from your injury. TAD could be as little as a few hours a day but it could last for as long as it takes to recover your full capacity.
If your abilities do not get back to pre-injury levels, you might be referred by the Department of Labor's Employment Services Agency to receive assistance with job placement. If you have a disability that isn't eligible for TAD or vocational rehabilitation, your counselor will devise a training plan to prepare you for the job that pays you more than your average weekly wage before your injury.
Your vocational rehabilitation counselor will assist you develop a job search strategy. This will involve meeting with employers and attending job fairs. They can also help with completing applications for jobs and will provide you with an application form.