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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 is a no-fault system which protects employees against lawsuits and limits employers' liability. All businesses with employees, with the exception of domestic servants and farm laborers, must carry workers' compensation insurance. workers' compensation attorney west virginia to do so can result in fines or even imprisonment. Medical Care A successful workers' comp claim will provide medical treatment. It can ensure that your injured employee receives the medical treatment they require and helps you to manage costs in the long-term. New York State has amended its workers compensation laws to provide specific guidelines for doctors and other health specialists when treating employees who have suffered work-related injuries. These guidelines, also known as “Medical Treatment Guidelines” or MTGs, are intended to establish a set of guidelines for treatment and improve the medical outcomes for workers. The MTGs comprise a variety of tests, medications, and therapy recommendations that physicians must abide by. They cover the majority of workplace injuries, including the shoulder, back, neck and knee as well as carpel tunnel syndrome. Workers' insurance covers all medical expenses that are “reasonable” and essential to the payment of a valid claim unlike other health insurance plans. This includes doctor visits, prescription drugs and hospitalization. Many providers are reluctant to offer services that aren't covered by the MTGs. Insurance companies typically require that doctors obtain an authorization prior to performing any procedure under the MTGs. If a medical professional believes that the proposed procedure is reasonable and essential then he or she may ask for a variance from the MTG. The doctor must formally request this from the insurance company. Utilization review is a key method of controlling medical expenses and preventing waste. This can be done retrospectively, concurrently and prospectively. In the majority of states, utilization reviews are required for all medical services rendered under workers' compensation programs and can be performed within the health system or by third parties like health maintenance organizations. It is crucial that patients of workers' compensation receive high-quality medical treatment. This is among the most difficult challenges to improve the quality of medical treatment for workers' compensation. This is especially crucial because the MTGs are often not specific, and injured employees have only a few opportunities to “vote using their feet” regarding their own care. This is why some states are trying to combine the medical coverage offered by group health plans and workers' compensation plans into an “twenty-four-hour” model. In Minnesota for instance, an agreement between employers and the state Department of Human Services is looking to develop a program which offers “twenty-four-hour” coverage. Disability Benefits Workers compensation law provides many benefits for disabled workers. These benefits include cash payments as well as vocational rehabilitation, medical care and cash payments. These benefits can be added to other programs, like Social Security Disability Insurance (SSDI). If you become disabled and unable to work due to an injury or illness the chances are you'll be eligible for both permanent and short-term disability benefits. Both benefits are designed to replace your income until it's possible to return to work or find an alternative job. These benefits usually pay a certain percentage of your salary, however, they do not include commissions or bonuses. These payments are usually made for a few weeks or up to an entire year, dependent on the coverage you have. You could be eligible for both workers compensation and state disability benefits. However it is contingent on your personal circumstances. You could also apply for Social Security disability benefits in the majority of states. However, you must meet the strict criteria of the SSA to be eligible for SSDI. Once your doctor has declared you permanently and completely disabled then the workers' comp insurance company will begin to send you checks for your disability benefits. The amount you receive will depend on how severe your doctor's report indicates that your condition prevents you from working. For example, if your doctor says that you are completely and permanently disabled as a result of spinal cord injuries, you'd receive a total disability rating, or percentage of 100%. This means that you are entitled to a monthly $700 payment. It is important that you be aware that your workers' compensation insurance provider will also take care of any reasonable medical expenses you are able to incur during your disability. This includes visits to specialists and doctors. The only way to guarantee you'll receive these benefits is by hiring a lawyer who can make the argument for you. A skilled attorney can assist you in negotiating the acceptance of your claim by the insurance company and get the most money for your injuries. If you have questions about disability benefits, contact an experienced attorney for workers' compensation at Silverman, Silverman & Seligman today. Our lawyers are skilled in handling all aspects of worker' compensation cases. Vocational Rehabilitation Vocational rehabilitation is a set of services for injured workers who cannot return to work prior to the injury. Vocational rehabilitation is typically used to assist injured workers find new employment or gain independence. If you suffer from permanent disabilities that keep you from working and earning a living, your Workers' Comp insurance company must provide you with vocational rehabilitation benefits. These include counseling as well as job search services to help you find a job. Your rehabilitation professional must create an occupational rehabilitation plan that is specific to you. Your specific vocational requirements and abilities will be considered in the plan. It may include retraining, or other support for job placement to help you find a job in an entirely new field. The North Carolina General Statute SS 97-32.2 permits a vocational rehabilitation plan to be modified or updated at anytime with your consent. This is an important part in the process of rehabilitation since it ensures that you receive the most effective and efficient services. It is important to work closely with your rehabilitation specialist during this period. They will help you develop your goals, rely on your capabilities and establish realistic expectations. They can help you make positive changes in your life that lead to greater success in your new job. Your rehabilitation expert may suggest that you take up Temporary Alternative Duty (TAD) as a start point. It is a temporary position that you can take on as you recover from your injury. TAD can be just a few hours per day but it could be longer than it takes to recover your full capacity. If your abilities do not recover to pre-injury levels you could be referred to the Department of Labor's Employment Services Agency to receive job placement assistance. Your vocational rehabilitation counselor will design an educational plan for you to help you get work that pays you more than your weekly wage before your injury. Your vocational rehabilitation counselor will assist you to create a job plan for your job search, which will include contact with employers and attending job fairs. They can also help you to fill out application forms and write your resume. Death Benefits Death benefits are financial resources offered by the law on workers compensation to the relatives of a deceased worker. These benefits are usually required to support the family members of deceased workers who may be suffering emotional and financial losses following the passing of a loved. These death benefits are designed to pay funeral costs medical expenses, funeral costs, and replacement payments for those who were financially dependent on the worker at the time of his or her death. The state determines the amount of the death benefits and it varies from state to the next. The specific details of the worker's employment and the circumstances surrounding the worker's death determine eligibility for death benefits. If the employee died because of an injury at work or illness, then workers' compensation death benefits are generally available. These benefits can provide significant relief for grieving families. However it can be difficult and difficult to claim workers' compensation benefits. This is due to the fact that workers' comp insurance companies are businesses dedicated to protecting their bottom line. They aim to pay as little as is possible to claimants, and they may contest the claim that a death occurred due to work-related illness or other conditions. As such, it's important to seek legal help from a lawyer for workers compensation who is well-versed in the laws and regulations pertaining to death benefits in your state. These attorneys can guide you through the process of getting death benefits and ensure that you receive the benefits to which you are entitled. In New York, for example the children of deceased workers can receive weekly death benefits that are equal to two-thirds of the average weekly salary for the preceding year. These benefits are paid to the surviving spouse and children until they die, attain age 18, or otherwise meet other eligibility requirements. If you lose a loved one to an occupational or on-the-job illness, you can count on the highly skilled lawyers at O'Connor Law PLLC to assist you in obtaining workers' compensation death benefits. We know the traumatic emotions that accompany a loss at work and will fight for your rights to be compensated for the loss you suffered.