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What Every Injured Worker in New York Should Know |
 (That the Insurance Company won't tell you!)
You have a right to be heard
The Workers' Compensation Board has determined that not all cases require a hearing before a Judge. In many cases, issues are resolved by the Board issuing an "Administrative Determination." An administrative determinate may resolve critical issues in your case without a hearing. If you do not timely object to an administrative determination, you may forever lose important rights in your case.
You have a right to be well represented
Insurance companies hire experienced attorneys to handle claims on their behalf. An injured worker without an attorney is at a distinct disadvantage in trying to reach a fair resolution of the claim. You are entitled to have an experience attorney or licensed representative represent your interests. No attorney may charge a fee directly for work performed on your behalf. Fees are deducted from benefits you are awarded in your case, if approved by a Judge.
You may have a right to a cash award beyond lost wages
In many cases, recovery under workers' compensation is limited to lost wages and medical benefits. Under certain circumstances, you may be entitled to additional awards for permanent loss of hearing, vision or use of a limb. You may also be entitled to an award for permanent facial disfigurement. The insurance company may not tell you of the benefits you are missing.
If your case is established, you have a right to lifetime medical benefits
When a case is established as work-related, you are automatically entitled to causally related medical treatment for the rest of your life. If the insurance company is denying medical coverage for your work related condition, you have a right to dispute this issue at a hearing.
You must protect your rights by promptly notifying your employer, and filing a claim with the Workers' Compensation Board
In most cases, the law requires an injured worker to notify the employer of any injury within 30 days. Failure to do so may result in the claim being denied. In many cases, however, notifying the employer is not enough to protect your rights. The law also requires that an injured worker file a claim (C-3 form) within 2 years of the injury. The employer will not file this form for you. Failure to timely file a claim may result in your case being denied.
Your medical provider must be licensed by the Workers' Compensation Board, and must file required medical reports.
You medical provider should file a C-4 report upon initial treatment, and every 45 days if you remain out-of-work due to your injury. Such forms should clearly indicate the nature of your injury, the work-related nature of the injury, and your degree of disability. The failure of injured workers to clearly communicate the source of their injury, and the failure of medical providers to file prompt, complete and accurate medical reports frequently results in a loss of benefits.
For more information on protecting your rights, contact Oot & Associates today.
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What Every Injured Worker Should Know