Were you or a loved one injured at work? Check out these 3 workers compensation questions to understand what’s important to know about work injuries in New York State.
1. What do you need to know?
- A general overview of workers’ comp would be: it pays a percentage of wages as long the disability lasts, covers all medical treatment related to the accident, (including mileage to and from the doctor), and it pays a specified amount for permanent injuries to certain body parts once you reach your best possible recovery level – referred to as reaching maximum medical improvement.
- We obtain opinions for the scheduled loss of use for the affected body part, which corresponds with a dollar amount which is reduced by the amount of benefits previously paid.
- You receive a lump sum scheduled loss award, and are still protected for treatment necessitated by your accident.
- That’s basically what workers’ comp is. It doesn’t pay for pain and suffering or punitive damages.
2. What happens if you’re injured at work?
- If you get hurt at work, always report the injury to your employer as quickly as possible.
- Every workplace is different, but the best approach is to immediately give the employer written notice.
- That notice satisfies only the notice requirement. It does not satisfy the claim filing requirement which requires that a C-3 form be filed with the workers compensation board. Proper filing of your claim is best handled by a workers compensation lawyer, who will complete that C-3 form and get it filed.
- If you’re hurt at work, seek medical treatment. Tell the doctor you were injured at work. The doctor will file a report with the insurance carrier and the workers compensation board, which gets the case up and running.
3. Do you need an attorney?
- Taking on the workers compensation system can be extremely difficult because so many issues pop up as your case progresses.
- You won’t know the answers to questions about the correct weekly benefit amount, based on your average weekly wage and degree of disability.
- Disputing your medical bills may occur as time goes on and you’ll need a knowledgeable advocate.
- You need a lawyer to navigate the workers compensation system because the workers compensation board is a neutral party that will not help you. Neither will the workers compensation carrier, the insurance company. They are there for the benefit of the insured company. Your employer is not likely to help you through the handling of your workers compensation claim.
- You need a representative who knows how to address your workers compensation claim to go to bat for you.
Do you have thoughts concerning these 3 workers compensation questions? Find out if you need a workers’ compensation attorney on your side to help with your claim. Contact us today to schedule a confidential consultation. Let our 45 years of experience work for you.
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