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How Workers Compensation Law May Help You Workers compensation law can help you recover if you have been injured in an accident at work. It is a no-fault system that shields employees from lawsuits and limits employers' liability. workers' compensation lawyer baldwin park with employees, other than domestic servants and farm laborers are required to carry workers' compensation insurance. Infractions to this requirement could result in fines or even jail time. Medical Care A successful workers' comp case will include medical care. It will ensure that your injured worker gets the treatment they require and assist you in reduce your expenses in the long run. New York State has amended its workers' compensation laws to provide specific guidelines to doctors and other health professionals to treat employees who have suffered work-related injuries. These guidelines, also referred to as “Medical Treatment Guidelines” or MTGs are designed to provide a single standard of care and to improve the medical outcomes of workers. The MTGs include a wide range of testing, medications and treatment recommendations that doctors must follow. They cover the most commonly-reported workplace injuries such as shoulders, back, neck, carpel tunnel syndrome, knee and many more. Unlike most health insurance plans, workers' compensation covers all medical treatments that are “reasonable and essential” related to the validity of a claim. This includes doctor visits, prescription drugs and hospitalization. Many providers are reluctant to provide services that aren't covered by the MTGs. Most insurance companies require doctors obtain pre-authorization prior to offer any treatment under the MTGs. If a doctor believes that the proposed procedure is reasonable and essential then he or she may ask for a variance from the MTG. This request must be made by the doctor. Utilization reviews are a crucial method of controlling medical expenses and preventing waste. It can happen retrospectively, concurrently, or prospectively. In most states, utilization review is mandatory for all medical services offered under workers' comp programs. It can be carried out within the health care system or by third-party organizations like health maintenance organizations. It is vital that victims of workers' comp receive high-quality medical treatment. This is one of the biggest obstacles in improving medical care for workers' compensation. This is particularly important since the MTGs are often not well-defined, and injured workers have a limited opportunity to “vote by their feet” in regards to their own care. Some states are attempting to combine the medical coverage provided by group health and comp plans into a “twenty four-hour” model. Minnesota's Department of Human Services and employers have formed a partnership to develop a program that offers “twenty-four hours” coverage. Disability Benefits There are a variety of disability benefits offered by the workers compensation law. These benefits include cash payments as well as vocational rehabilitation, medical care, and cash payments. They may also be offered in conjunction with other programs, such as Social Security disability insurance (SSDI). You could receive both temporary and permanent disability benefits when you are disabled and unable to work due to an injury or illness. Both benefits are meant to supplement your income until it is possible to return to work or find new employment. Typically the benefits you receive are the majority of your salary which excludes commissions and bonuses. The payments are typically made for only a few weeks, but can extend to a year or more, depending on your coverage. You may also qualify for a mix of workers' comp and state disability benefits, but this depends on your particular situation. You can also apply for Social Security disability benefits in the majority of states. However, you must meet the strict requirements of the SSA to be eligible for SSDI. Once your doctor has declared you totally and permanently disabled then the workers' compensation insurance company will start sending you checks for your disability benefits. The amount you receive will depend on how much your doctor's report indicates your condition prevents you from working. If your doctor determines that you are permanently and totally disabled due to spinal cord injuries you will be awarded an overall disability rating (or percentage) of 100%. This means that you are entitled to a weekly pay of $700. It is crucial to remember that the workers' compensation insurance company will also be accountable for any reasonable medical expenses that you have to pay while claiming your disability. This will include visits with doctors and other specialists. A lawyer can help you to ensure you receive these benefits. An experienced lawyer can help you get your claim accepted by the insurance company, and help you receive the most benefit for your injuries. If you have questions about disability benefits, call an experienced attorney for workers' compensation at Silverman, Silverman & Seligman today. Our lawyers are adept at managing all aspects of workers' compensation cases. Vocational Rehabilitation Vocational rehabilitation is the service that an injured worker receives to help them return to their job after an injury. Vocational rehabilitation is commonly employed to help injured workers find new employment or develop a greater independence. Your Workers' Compensation insurer must offer vocational rehabilitation benefits when you suffer from an indefinite disability that blocks you from working. This includes counseling as well as job search services to help you find employment. The law requires that your rehabilitation professional design an individual plan for vocational rehabilitation for you. Your specific vocational requirements and skills will be addressed in the plan. It may include retraining or aid to job placement to help you find a job in a new field. North Carolina General Statute SS 97-32.2 allows the vocational rehabilitation plan to be changed or revised at any time with your consent. This is an essential part of the vocational rehabilitation process as it ensures you will receive the most efficient and beneficial services available. You must work closely with your rehabilitation specialist during this time. They will help you develop your goals, be confident in your abilities , and set realistic expectations. They can also assist you to make positive changes to your life which will lead to greater success in a new job. A rehabilitation specialist might suggest that you consider taking up Temporary Alternative Duty (TAD) as a place to start. This is a temporary work that you can do as you recover from your injury. While TAD may take just a few hours a day, it can last as long as you recover to your full capacity. If your ability to work does not return to your pre-injury level, you may be directed to the Department of Labor's Employment Services Agency for job placement assistance. Your vocational rehabilitation counselor will design an educational plan for you in order to secure an opportunity that pays more than your weekly salary before your injury. Your vocational rehabilitation counselor will help you to develop a job plan for your job search, which will include contact with employers and attending job fairs. They can also assist you in filling out applications for jobs and provide you with an application form. Death Benefits Death benefits are a financial resource that workers compensation law provides to the family members of the deceased worker. These benefits are typically required to provide support to family members of deceased workers who may be suffering financial and emotional grieving over the loss of a loved one. These benefits are intended to cover funeral costs medical expenses, funeral costs, and replacement payments for dependents who were financially dependent on the worker at the date of their death. The state determines the amount of death benefits and it varies from one state to another. The specifics of the worker's job and the circumstances of the worker's death determine whether death benefits are available. If the employee died because of an injury at work or illness and was injured on the job, then workers' compensation death benefits are generally available. While these benefits can be a huge source of comfort for grieving families, filing worker compensation claims can be challenging and difficult to navigate. Insurance companies for workers' compensation are companies that wish to safeguard their bottom line. They wish to pay as little as possible to claimants, and they also may contest whether or not the cause of death was work or an occupational illness or condition. It is important to consult a workers' compensation lawyer who is well-versed in the laws and regulations for death benefits in your state. They can assist you with the process of applying for death benefits and ensure you receive the compensation you are entitled to. In New York, for example the dependents of a deceased employee are eligible to receive weekly death benefits of up to two-thirds of the average weekly wage for the previous year. These benefits are paid to the survivor's spouse, as well as any dependent children until they reach the age of 18 or meet other eligibility requirements. O'Connor Law PLLC can help in obtaining workers' compensation death benefits if you've lost a loved one because of an occupational injury or illness. We know the feelings that accompany a workplace loss. We will fight to ensure that you get the compensation you deserve.