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 law that shields employees from lawsuits and limits the liability of employers.
Generally, all companies with employees except domestic servants and farm workers, are required to carry workers' compensation insurance. Infractions to this requirement could result in fines or imprisonment.
Medical Care
A successful workers' compensation claim will also include medical care. It will ensure that your injured worker gets the care he or she requires and will help you reduce your expenses in the long-term.
New York State has amended its workers law to provide detailed guidelines for doctors and other health care professionals when treating employees who have suffered work-related injuries. These guidelines, also referred as "Medical Treatment Guidelines" or MTGs are designed to provide a uniform standard of care and to improve the medical outcomes for workers.
The MTGs contain a broad range of tests, medications and therapy recommendations that doctors must adhere to. They cover most accidents at work, such as the back, neck, shoulder and knee, as well as carpel tunnel syndrome.
Unlike most health insurance plans, workers' compensation covers all medical treatments that are "reasonable and necessary" related to an eligible claim. This could include doctor visits as well as prescription drugs, surgical procedures or hospitalization, as well as urgent care treatments.
However there are many providers not willing to provide treatments that are not covered by the MTGs. Most insurance companies require doctors get pre-authorization prior to being able to perform any service within the MTGs.
A provider can also request an exemption from a certain MTG when he or she believes that the treatment is actually appropriate and needed. This must be requested by the doctor.
Utilization review is an essential method of controlling medical expenses and to prevent waste. This process can occur retrospectively, concurrently, or prospectively. In many states, utilization reviews are required for all medical procedures provided under workers' compensation programs. It can be carried out within the health care system or by third-party organizations such as health maintenance organizations.
One of the biggest challenges in improving workers' compensation medical care is ensuring that patients receive high-quality medical care. This is especially crucial because the MTGs are often not clear, and injured workers have limited opportunities to "vote using their feet" on their own medical care.
This is why certain states are trying to combine the medical coverage that is offered through group health insurance and workers' compensation plans into a "twenty-four-hour" model. In Minnesota for instance, an alliance between employers and the state Department of Human Services is looking to develop a program that will provide "twenty-four-hour" coverage.
Disability Benefits
Workers compensation law offers various benefits for disabled workers. These benefits include medical assistance as well as cash payments and vocational rehabilitation. They may also be offered in combination with other programs, for instance, Social Security disability insurance (SSDI).
You could be eligible for both permanent and temporary disability benefits when you are disabled and unable to work due to injury or illness. Both benefits are designed to supplement your income until you can return to work or find a new job.
These benefits typically pay a part of your salary, but do not pay bonuses or commissions. These benefits are typically paid for just a few weeks, or up to one year or more dependent on the coverage you have.
You can also get a combination of workers' comp and state disability benefits, but this will depend on your circumstances. In many states, you are able to apply for Social Security disability benefits, however, you must satisfy the strict requirements of the SSA for SSDI.
If your doctor determines that you are permanently disabled, the workers' compensation insurance company will begin to send you checks for your disability benefits. The amount you will receive will depend on how much your doctor's report states that your condition is preventing you from working.
If your doctor concludes that you are permanently and completely disabled due to spinal injuries you will receive an overall disability rating (or percentage) of 100 percent. This means that you are entitled to a weekly pay of $700.
It is important to remember that the workers' comp insurance company is also responsible for covering any reasonable medical expenses that you encounter while claiming your disability. This includes visits to doctors and other specialists.
The only way to be sure you will receive these benefits is to engage an attorney who can present the case for you. A skilled attorney will fight to get your claim accepted by the insurance company and help you get the maximum benefit for your injuries.
If you have any questions regarding disability benefits, call an experienced worker's compensation attorney at Silverman, Silverman & Seligman today. Our lawyers are experienced in handling all aspects of workers' compensation cases.
Vocational Rehabilitation
Vocational rehab is a type of treatment that an injured worker receives to help them return to work after an injury. Most often, vocational rehabilitation assists injured workers find alternative employment and become more independent.
If you have an ongoing disability that stops you from working and earning a living, your Workers' Comp insurance company must provide you with vocational rehabilitation benefits. These benefits include counseling as well as job search and other services that can assist you in finding employment.
The law requires that your rehabilitation professional develop an individual vocational rehabilitation plan for you. Your specific vocational needs and talents will be addressed in the plan. It may also include job placement assistance or Retraining to help you find jobs.
North Carolina General Statute SS 97-32.2 allows the vocational rehabilitation plan to be altered or revised at any time with your approval. This is an important part of the process of vocational rehabilitation since it ensures that you receive the best and most beneficial services.
During this time, it is important to be in close contact with your rehabilitation professional. They will help you establish realistic expectations, believe in your capabilities, and set your goals. They can also assist you to make positive lifestyle changes that will help you achieve more success in your new job.
Your rehabilitation expert may suggest you to take on Temporary Alternative Duty (TAD) as a start point. This is a job of limited duration that is available to the person who is recovering from your injury. TAD may be a few hours a day, but it can be as long as you need to return to your full capacity.
If your performance does not recover to pre-injury levels you could be referred by the Department of Labor's Employment Services Agency to receive help in finding a job. Your vocational rehabilitation counselor will develop an educational plan for you to help you get an employment that pays more than your weekly earnings prior to your injury.
Your vocational rehabilitation counselor will work with you to develop a job search strategy that will include making contact with employers and attending job fairs. They can also help you to fill out job applications and create a resume.
Death Benefits
Workers compensation law provides death benefits to the family members of deceased workers. These benefits are often required to assist the family members of a deceased worker who may be suffering from financial and emotional losses due to the death
