Work related injuries and/or injuries sustained at your place of employment, have very specific laws in the State of New York … you need to know what they are and how to proceed.
Whether you have been injured while performing your job or while at your place of employment the first thing you must do is inform your employer/supervisor. If you’ve been injured and haven’t done so, do it right now. Include when, where and how the injury occurred. Next, make absolutely sure to see a doctor and start medical treatment. It is imperative to begin treatment and follow your doctor’s orders. Make sure your doctor/healthcare provider is authorized by the Workers’ Compensation Board (WCB). In an emergency situation, get medical immediately, your follow-up care, however, must be under a Workers’ Compensation Board provider. You also need to inform your employer in writing within 30 days, verbal notification at this point is not sufficient. Next, seek professional legal representation. Facing the complex and often frustrating process of being appropriately compensated alone can compound both your physical, emotional and financial stress. The assistance of a New York workers compensation attorney, specifically experienced in Workers Compensation cases will ensure you get the treatments and financial payouts that you are entitled to. Going it alone against Insurance companies and/or the New York State Workers Compensation Board is a recipe for potential disaster … make your future the priority.
*Employers (in most situations) are not permitted to insist their employees see a particular health care provider. Exceptions exist for employers who participate in the Preferred Provider Program or an Alternative Dispute Resolution Program. Employers may still recommend care providing they inform employees of their rights to choose providers of their choice through the Notice of Right to Select a Workers’ Compensation Board Authorized Health Care Provider (Form C-3.1).
Self-insured employers, insurance carriers and the New York State Insurance Fund (NYSIF) are authorized to require employers to obtain diagnostic tests from a provider who is part of a network the employer, insurance carrier or NYSIF has contracted with to provide such services (WCL §13-a(7)(c)).
In addition, employers, insurance carriers, and NYSIF may require employees to obtain prescriptions from a specific pharmacy with which they contract (WCL §13[i]). However, in both situations, notice must be provided to the employee.
Don’t Shrug it Off
All accidents should be thoroughly investigated, ensuring all relevant facts are gathered. Your employer must contact the insurance carrier and maintain those communications throughout the claim. All written communication with your healthcare provider should be copied to you and your legal representative. We strongly recommend that you obtain legal representation. We have seen far too many cases where a seemingly minor injury was shrugged off by an injured worker that months later led to serious health and financial repercussions.
What is considered a Minor Injury?
- it requires two (or less) treatments
- lost time amounts to less than one day beyond the end of the working shift on which the work accident occurred.
For truly minor injuries, your employer may choose to pay for medical treatments directly. In this case, the employer completes the Employer’s First Report of Work-Related Injury/Illness (Form C-2F), but does not send it to the Board or the insurance carrier. Instead, the employer maintains the form in their files for the statutory 18-year period (WCL §110). Form C-2F is available from the insurance carrier, or any Board office. A qualified New York State attorney will quickly evaluate your claim and guide you through both minor or more serious complex injuries.
Injuries, other than minor injuries (as described above), must be reported to the Worker’s Compensation Board and insurance carrier within 10 days. Failure to file within 10 days after the accident is a misdemeanor and punishable by a fine. In addition, the Board may impose a penalty of up to $2,500 (WCL §110 and 12 NYCRR §310.1). Having an experienced New York State attorney ensures all procedures are followed, alleviating delays and protecting your rights.
By the Book
Your employer might wish to continue paying your wages, or may advance you compensation payments. But! Be advised that your employer may seek reimbursement for those payments out of any subsequent compensation awards, so don’t agree too readily to offers made by your employer. Be certain to get legal advice, make sure your rights and entitlements are by the book, otherwise you could lose out on treatments and compensations that will help you both now and in the future.
If you have been hurt at work, you can count on Beck Law to represent you and attain the highest possible compensation from your employer. We will not stand by and let them toy you with low paying settlements. Call (516) 388-7785 now to schedule a free contingency based consultation.
Beck Law, P.C. – Accident Law & Workers’ Compensation
71-19 80th St Suite 8-206, Glendale, NY 11385, United States
