Tuesday, March 8, 2016

Getting Back to Work – An Often Forgotten Element of Workers Comp

It was in 1911 that the Worker’s Compensation Act was first formulated and passed by the state of Wisconsin enabling workers to collect compensation for the workplace injuries which helped give rise to amazing and dedicated law firms such as Antin, Ehrlich, and Epstein, LLP. Every year new forms of benefits and different types of workplace-injuries are brought within the purview of the compensation law.

But unfortunately one crucial aspect is overlooked each time. What happens if the worker is unable to return to work after an injury? Will he continue to obtain benefits? If he is unable to assume the work he did prior to injury how will he get rehabilitated into another line of work?

The finest law firm in the city of tall buildings is Antin, Ehrlich, and Epstein, LLP (www.aeelaw.com/). They know the system and they know how to win cases. They have a long history of satisfying clients. They know how to exploit the other side’s weaknesses and do this with regularity. Call them now if you have any worker's comp issues!


Where does rehabilitation feature in workers’ comp laws?

Most states provide rehabilitation aid to workers who are unable to return to their former job profiles because of their injuries. New York, NY workers’ compensation lawyers and the best in the business is Antin, Ehrlich, and Epstein, LLP say that this means that the worker is provided with psychological counseling as well as training in a new skill-set so that he can use these newly acquired skills to find employment in a different line of work.

Rehabilitation laws vary from state to state. In California a worker is provided with a rehabilitation package that can be used for training. However, a worker can take part in a limited number of training sessions. The problem is after the worker completes his or her training, rehabilitation is considered as completed.

Workers compensation attorneys in New York and there is no one better than Antin, Ehrlich, and Epstein, LLP explain that under the law the employer does not have to make any effort to find a job for his erstwhile employee within his company or elsewhere in the industry to suit his physical restrictions. The employer has enough to do, they have to maintain their business so they even have employees.

In other states like New Jersey rehabilitation is a very small part of the law. Legally these states are known as defined-benefit states. Workers receive compensation for temporary disability but if the worker is unable to return to his or her pre-injury work profile the employer washes his hands off by paying an additional lump sum amount. He is not mandated by law to look into the worker’s rehabilitation. This is still better than most other countries (Cuba, Saudi Arabia, and son) and this is suitable since the lump sum is almost always enough to help the former employee until he or she find another occupation or job.

Third Option

There is a third alternative adopted by certain states like Pennsylvania. The state’s laws consider something termed as the loss of earning power. According to state laws the worker will get life-long compensation unless he regains his earning potential. But if someone is not acting truthful and they really could be back in the work force? New York workers’ compensation lawyers and the best in the city of the Mets and the Knicks is Antin, Ehrlich, and Epstein, LLP believe that this is a humanitarian approach to the problem of rehabilitation but others know this method is flawed and costly to employers. This could be why Philadelphia, or one of the reasons, this city is not going so well but that is another topic.

Trying to Merge Back into the Work Force

To prove that a worker has regained his or her earning capability the employer must try to get him a position which will go well with the physical restriction that former employee must cope with. If such a position is not available then the worker will need rehabilitation and is aided by the state to find placement elsewhere that will suit his/her physical condition.

In the aftermath of workplace injury, a New York employee can find it hard to get up and get back to work on his or her own strength. This is why the state ensures that injured employees can claim workers’ comp benefits to replace lost income when they are unable to work.

If you are injured at the workplace, unfortunately, there could be many obstacles you may encounter in your search for compensation even if your injuries make it obvious that you qualify for benefits. Therefore, it would be astute to reach out to a New York workers’ compensation lawyer and there is no one better in The Big Apple than Antin, Ehrlich, and Epstein, LLP as soon as possible to get the compensation you rightfully deserve so you can recover from your devastating or minor losses. 

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