7 Things You Didn't Know About Workers Compensation Lawyers

How Workers Compensation Law May Help You

If you’ve suffered injuries by a workplace accident, workers’ compensation laws can help you recover. It’s a system of no-fault which protects employees from lawsuits and limits the liability of employers.

Generally, all companies with employees with the exception of domestic servants and farm laborers are required to carry workers compensation insurance. Failure to do so could result in a fine or even imprisonment.

Medical Care

Medical care is a critical aspect of a successful worker compensation case. It will ensure that your injured worker gets the treatment they require and will help you reduce your expenses in the long run.

New York State has reformed its workers’ comp laws to establish detailed guidelines that doctors and other health care professionals must follow in treating workers who suffer from 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 cover a wide range tests medicines, as well as therapy suggestions that doctors have to follow. They cover the majority of work-related injuries, including the back, neck, shoulder and knee, as well as carpel tunnel syndrome.

Workers’ compensation covers all medical treatments that are «reasonable» and necessary for the payment of a valid claim unlike other health insurance plans. This includes doctor visits and prescription drugs as well as hospitalization.

Many providers are reluctant to provide services that aren’t covered by the MTGs. Insurance companies typically require that a doctor obtain authorization prior to performing any procedure under the MTGs.

A doctor can also request an exception to a specific MTG if the doctor believes that the treatment proposed is in fact reasonable and is necessary. This must be requested by the doctor.

Utilization review is an essential tool for controlling medical costs and preventing wastage. This process can occur either concurrently or retrospectively or prospectively. In most states Utilization reviews are mandatory for all medical services provided under workers compensation programs. This can be performed by the health system or by third parties such as health maintenance organizations.

One of the most difficult issues in improving workers’ compensation attorneys compensation medical care is ensuring that patients receive top-quality medical care. This is especially crucial because the MTGs aren’t always transparent, and injured workers have only a few opportunities to «vote using their feet» regarding their own health care.

Certain states are looking to combine the medical coverage provided by group health and workers comp plans into the «twenty four-hour» model. In Minnesota for instance, an agreement between employers and the state Department of Human Services is seeking to create a program which offers «twenty-four-hour» coverage.

Disability Benefits

Workers compensation law offers numerous benefits to disabled workers. These benefits include cash payments as well as vocational rehabilitation, medical treatment and cash payments. They are also available in conjunction with other programs, such as Social Security disability insurance (SSDI).

If you become disabled and unable to work due to an injury or illness it is likely that you will receive both short-term and permanent disability benefits. Both benefits are designed to replace your income until you can return to work or find a new job.

Typically these benefits pay a portion of your salary which excludes commissions and bonuses. These benefits are available for up to one year, or as small as a few weeks depending on the type of coverage you have.

You may be eligible to receive both workers’ compensation and state disability benefits. However it is contingent on your specific circumstances. In most states, it is possible to apply for Social Security disability benefits, but you must meet the strict requirements of the SSA for SSDI.

Once your doctor deems you permanently and completely disabled then the workers’ comp insurance company will start sending you checks for your disability benefit. The amount you receive will depend upon how severe your doctor’s report states that your condition is preventing you from working.

If your doctor determines that you are permanently and completely disabled due to spinal injuries You will be awarded a total disability rating (or percentage) of 100%. This means that you are entitled to a $700 weekly payment.

It is important to keep in mind that the workers’ comp insurance company will also be accountable for any reasonable medical expenses you encounter while claiming your disability. This includes visits to specialists and doctors.

A lawyer can help you ensure that you receive these benefits. An experienced attorney will help you fight for the acceptance of your claim by the insurance company and receive the most benefit from your injuries.

Contact Silverman, Silverman & Seligman if you have any questions about your disability benefits. Our lawyers are adept at handling all aspects of workers claims for compensation.

Vocational Rehabilitation

Vocational rehabilitation is the name given to a range of services for injured workers who cannot return to their pre-injury job. Most often, vocational rehabilitation assists the injured worker find another job opportunities and to become more independent.

If you have a permanent disability that prevents you from working, your Workers’ Compensation insurance carrier must provide you with vocational rehabilitation benefits. This includes counseling as well as job search services to help you find work.

Your rehabilitation professional must create a vocational rehabilitation plan that is tailored to your needs. The plan will be developed to meet your specific requirements and capabilities as determined in the initial assessment of your vocational needs. It could also include job placement assistance or rehabilitation to help you get work.

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 an important part in the vocational rehabilitation process as it ensures you receive the most efficient and effective services.

During this time, it is important to remain in close contact with your rehabilitation professional. They will assist you in setting realistic expectations, be confident in your capabilities, and create your goals. They can also help you make positive changes in your life that will help you achieve greater success at your new job.

Your rehabilitation specialist could begin by helping you with Temporary Alternative Duty (TAD). It is a temporary position that you can work on as you recover from your injury. TAD could last for a few hours a day, but it can be longer than it takes to regain your full capacity.

If your ability to work is not restored to your pre-injury capacity, you could be referred to the Department of Labor’s Employment Services Agency for job placement assistance. If you have a disability which isn’t covered by TAD and vocational rehabilitation, your counselor will create an educational plan to prepare you for a job that pays more than the average 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 assist you to fill out job applications and create an resume.

Death Benefits

Workers compensation law offers death benefits to the family members of deceased workers. These benefits are usually required to provide support to family members of deceased workers who may be suffering emotional and financial losses after the death of a loved one.

These death benefits are designed to pay funeral costs, medical expenses and income replacement payments for dependents who were financially dependent on the worker at the moment of his or her death. The state decides on the amount of the death benefits and it varies from state to another.

The eligibility for death benefits is determined by the particulars of the worker’s position and the circumstances surrounding the death. If the employee died because of an injury related to work or illness and was injured on the job, then workers’ compensation death benefits are typically available.

While these benefits can be a huge source of comfort for grieving families, filing worker’ comp claims can be challenging and difficult to navigate. Insurance companies that cover workers’ compensation are businesses that want to safeguard their bottom line. They are determined to pay as little as they can to claimants. They also may contest the claim that a death occurred caused by work-related illnesses or other conditions.

In this regard, it’s essential to seek legal assistance from a workers compensation lawyer who is well-versed in the laws and requirements regarding death benefits in your state. These lawyers can help you with the process of applying for death benefits and ensure that you receive the amount you are entitled to.

New York’s case is that the children of deceased workers can receive weekly death benefits equal two-thirds of the average weekly wage in the previous year. These benefits are paid to the surviving spouse and children who are dependent on them until they reach the age of 18 or meet other eligibility requirements.

O’Connor Law PLLC can help in obtaining workers compensation death benefits in the event that you’ve lost loved ones because of an occupational injury or illness. We understand the emotions that are associated with a workplace loss. We will fight for you to receive the compensation you are entitled to.