| Buy-In to Medicaid |
|
| The Buy-in to Medicaid program is a form of work incentive that was initiated to provide Medicaid to disabled individuals who, because of the amount of their earned income, would not qualify for Medicaid. Individual states may, but are not required, to provide this incentive by creating a new eligibility group. Currently, just over half the states offer this program with many more planning to do so. Individuals "buy-in" to the program by paying a premium or other fee. However, participating states are not required to seek such payments. More... |
|
|
| Degrees of Disability and Corresponding Benefits |
|
| Temporary Disability More... |
|
|
| Ombudsman |
|
| To aid disputing parties in resolving their workers' compensation controversy, some states utilize an ombudsman program. An ombudsman focuses on helping the injured worker navigate the procedural complexities of the workers' compensation system. By doing so, the ombudsman not only serves to aid the worker in recognizing his rights and gaining the benefits due to him, but also provides the worker with an enhanced knowledge of workers' compensation in relation to his injury to make thoughtful and considered choices regarding his claim. The ombudsman is not limited to only helping injured workers. He may also provide a supportive role to the employer. More... |
|
|
| Palliative and Preventive Measures |
|
| The provision for medical benefits is a substantial component of workers' compensation. Many states consider palliative measures to be included under the umbrella of "medical benefits." Basically, palliative measures are those extended to the employee for pain and discomfort when there is no hope for recovery. The language of each state's statute is central to whether palliative measures are covered. For example, when a state authorizes medical benefits for the cure and recovery of the injured employee, many courts will consider "recovery" separate from "cure." Thus, the door is opened for palliative measures despite the lack of curability in the employee's condition. More... |
|
|
| Time Requirements Related to Occupational Diseases |
|
| With respect to occupational diseases, there are several applicable time restraints including the time between exposure and disability, minimum time periods for exposure, and minimum time periods for an employee's residency. These time requirements vary markedly by state. The limitations period for occupational disease claims also varies widely. Some states bar the receipt of death benefits unless the claim is brought within a specified time after exposure. The majority of states take the view that the limitations period does not begin to run until such time that the claimant had knowledge of his condition and its relationship to his employment. Still another viewpoint on the limitations period is that it begins to run when the employee has become disabled as a result of the disease and with reasonable diligence could discover that the condition is compensable. More... |
|
|