How Workers Compensation Law May Help You
If you've been injured in a work-related accident, workers' compensation laws can help you recover. It's a no fault system which protects employees against lawsuits and limits employers' liability.
All businesses with employees, except domestic servants and farm laborers are required to carry workers insurance for workers' compensation. In the event of a breach, it could result in a fine or even jail.
Medical Care
A successful workers' compensation claim will provide medical treatment. It can ensure that your injured employee receives the care he or she needs and also helps you control costs in the long-term.
New York State has reformed its laws on workers' compensation to create detailed guidelines that doctors and other health professionals must follow when treating employees with work-related injuries. These guidelines, commonly referred to as "Medical Treatment Guidelines" (MTGs) are designed to establish a uniform quality of care and ensure improved medical outcomes for workers.
The MTGs provide a range of tests, medications and therapy recommendations that physicians must abide by. They cover the most common workplace injuries, including shoulders, back, neck, carpel tunnel syndrome, knee and more.
Contrary to most health insurance plans, workers' comp will cover all medical expenses that are "reasonable and necessary" in connection with the validity of a claim. This could include doctor's visits as well as prescription drugs, surgical procedures, hospitalization and urgent care treatments.
However, many providers are still reluctant to provide treatments that are not covered by the MTGs. Insurers generally require that doctors obtain approval prior to the performance of any procedure under the MTGs.
If a physician believes that the proposed treatment is reasonable and
Workers' Compensation needed the doctor can request a modification to the MTG. The doctor must request this from the insurance company.
Utilization reviews are a crucial method for controlling medical costs and prevents waste. This can be done simultaneously, retrospectively, or prospectively. In the majority of states, utilization reviews are required for all medical procedures rendered under
workers' compensation programs. It can be carried out within the health care system or by third-party organizations like health maintenance organizations.
One of the most difficult issues in improving workers' compensation medical treatment is ensuring that patients receive the highest quality medical care. This is particularly important as the MTGs can be confusing and injured workers may not be able to "vote with your feet" about their care.
This is why some states are seeking to combine the medical benefits that is offered through group health insurance 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 looking to develop a program that will provide "twenty-four-hour" coverage.
Disability Benefits
There are a variety 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. They are also available in conjunction with other programs, for instance, Social Security disability insurance (SSDI).
It is likely that you will receive both permanent and temporal disability benefits if disabled and are unable to work because of an injury or illness. Both benefits are designed to replace your income until you are able return to work or find a new job.
Typically the benefits you receive are an amount of your salary, excluding bonuses and commissions. These payments can be made for upto a year, or as little as a few weeks based on the type of coverage you have.
You can also get a combination of workers' comp and state disability benefits, but this depends on your particular situation. In many states, you can apply for Social Security disability benefits, however, you must satisfy the strict requirements of SSA's SSDI.
When your doctor has determined that you are permanently and completely disabled, the
workers' compensation attorneys compensation insurance company will begin to send you checks for your disability benefits. The amount you will receive will depend upon how severe your doctor's report indicates that your condition prevents you from working.
If your doctor declares that you are permanently and totally disabled as a result of spinal cord injuries you will be awarded a rating for total disability (or percentage) of 100%. This means you are entitled to a weekly payment of $700.
It is vital to remember that the workers' comp insurance company is also accountable for
workers' compensation any reasonable medical expenses that you have to pay while claiming your disability. This includes visits to doctors and other specialists.
The only way to be certain that you'll be able to receive these benefits is to have an attorney who can argue the claim for you. A knowledgeable attorney will help you fight for the acceptance of your claim by the insurance company and get the most money for your injuries.
If you have any questions regarding disability benefits, call an experienced attorney for workers' compensation at Silverman, Silverman & Seligman today. Our lawyers are skilled in handling all aspects related to workers claims for compensation.
Vocational Rehabilitation
Vocational rehabilitation is the name given to a range of services provided to injured workers who are unable return to their previous job. Usually, vocational rehabilitation aids injured workers find work and gain independence.
If you suffer from an ongoing disability that stops you from working, your Workers' Compensation insurance carrier must provide you with vocational rehabilitation benefits. These benefits include counseling or job search assistance, as well as other services to help you find employment.
The law requires that your rehabilitation professional create an individual rehabilitation plan for you. The plan will be created to address your specific requirements and capabilities as determined during the initial vocational assessment. It may also include job placement assistance or retraining to help you find jobs.
North Carolina General Statute SS 97-32.2 allows a vocational rehabilitation plan to be altered or updated at any point with your approval. This is a vital aspect of the process of rehabilitation as it ensures you get the most efficient and beneficial services available.
It is important to work closely with your rehabilitation specialist during this period. They will help you set realistic expectations, believe in your capabilities, and create your goals. They can also assist you to make positive lifestyle changes that will result in greater success when you start a new job.
Your rehabilitation expert may suggest that you take up Temporary Alternative Duty (TAD) as a place to start. It is a temporary position you can perform as you recover from your injury. While TAD may take a few hours per day, it can last as long as you regain your full potential.
If your ability to work does not return to pre-injury levels, you may be referred by the Department of Labor's Employment Services Agency to receive assistance with job placement. Your vocational rehabilitation counselor will design an educational plan for you to be able to get an employment that pays more than the weekly wage you earned prior to your injury.
Your vocational rehabilitation counselor will assist you develop a job search strategy. This includes meeting with employers and attending job fairs. They will also help you in completing your applications for jobs and provide you with a resume.