Steps
To Receive
Worker’s
Compensation
Hurt
on the job? Don’t know what your rights are or where to go to get help?
Whether you are a government employee or working for a private company, there
are a number of steps you can take to ensure payment for your pain and loss
of work.
The
Advocate for Injured Workers from the New York State Worker’s Compensation Board
accepts calls for all workers’ compensation cases. The Advocate receives workers’
compensation complaints, investigates and attempts to resolve them. In addition,
the Advocate provides information to injured workers to enable them to protect
their rights.
The
following steps for those injured on the job are from the Advocate’s Web site:
OBTAIN
first aid or other necessary medical treatment as soon as possible. The employee
is free to choose any physician, podiatrist, chiropractor, psychologist (upon
referral), out-patient clinic of a hospital or health maintenance organization
authorized to give medical care by the Workers’ Compensation Board. If the employer
has been authorized to participate in Managed Care, the employee may be required
to obtain medical treatment from a participating managed care provider. Participating
employers are required to notify their employees, in writing, of all information
pertaining to the managed care program.
The
employer or the employer’s insurance carrier pays the cost of necessary
medical services, if the case is not disputed. The doctor may not collect a fee
from the employee. However, if the employer or insurance carrier disputes the
employee’s workers’ compensation claim, the doctor may require the employee
to sign Form A-9, guaranteeing payment if the Board disallows the claim or if
the employee does not pursue the claim.
NOTIFY
your supervisor about the injury and the way in which it occurred, as soon as
possible. An injured employee who fails to inform his or her employer, in writing,
within 30 days after the date of the accident causing the injury, may lose the
right to workers’ compensation benefits. In the case of occupational disease,
notification should be given within two years after disablement, or within two
years after the claimant knew or should have known that the disease was work-related,
whichever is later.
COMPLETE
a claim for workers’ compensation on Form C-3 and mail it to the nearest
office of the Workers’ Compensation Board, if there is lost-time. If a claim
is not filed within two years from the date of the injury or disablement from an
occupational disease, (or after disablement and after the claimant knew, or
should have known that the disease was work-related), an injured or disabled
worker may lose his or her right to benefits.
THEREAFTER . . .