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16 Court Street
Suite 2901
Brooklyn, NY 11241
Telephone:
718-694-9768
Fax:
718-875-1768
E-mail:
wcomplaw@aol.com
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Frequently
Asked Questions
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What is Workers' Compensation?
Workers' Compensation is insurance that by law your employer
is required to carry in case an employee is injured on the job,
becomes ill due to circumstances surrounding their job or even
if death results from their job. Benefits include medical expenses,
lost wages, vocational rehabilitation, and death benefits.
Workers'
comp exists both as a way to benefit injured workers and as
a way to protect employers. Before workers' comp laws existed,
serious injury to an employee could bankrupt an employer due
to the employee being able to sue their employer. Workers' compensation
is a no-fault insurance system. Negligence on the part of workers
or employers is not an issue in paying benefits.
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Who
is responsible for providing the benefits under the Workers' Compensation
Act?
By law the employer is responsible for providing Workers' Compensation
Insurance. In some instances the employer provides benefits directly
by being self-insured otherwise the employer provides the benefit
indirectly through a Workers' Compensation insurance company.
A worker cannot be charged for benefits provided or any portion
of their employer's Workers' Compensation insurance premium. Texas
is the only state that still allows private employers to choose
whether or not to maintain workers' compensation insurance.
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Is workers' compensation the same as State Disability?
Workers' compensation is only for injuries or illnesses that occur due to employment. State Disability is for injuries or illnesses that are not work related. You can file a State Disability claim, but you cannot be paid both workers' compensation and State Disability for the same period of time unless under certain circumstances your workers' compensation temporary disability rate is less than State Disability, then you may be paid the difference. If your employer's insurance company denies or delays payment, you may be able to receive State Disability temporarily.
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What injuries are covered by the Act?
Any worker who has sustained an injury arising out of and in the course of their employment has a potential Workers' Compensation claim. As long as your injury is job-related, it's covered. You are covered if you are injured while traveling on business, doing a work-related errand or even attending a required business-related social function. Any injury or illness that occurs due to employment is considered a workers' compensation injury. Under workers' compensation law, you will receive help if you are injured no matter who was at fault. Some types of workers' compensation injuries are: broken/fractured bones, back problems/pain, knee problems/injuries, grip loss, heart attacks, hypertension, wrist injuries including carpal tunnel syndrome, burns, shoulder pain, neck pain, headaches, etc. You may be entitled to benefits even if you are still working.
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Does an injury have to have a specific date of onset in order to be covered? Your injury does not need to be caused by a specific accident such as a fall. Many workers receive compensation for repetitive trauma injuries such as back problems that are caused by overuse or misuse over a long period of time in the performance of their normal work activity. You may also be compensated for some illnesses and diseases that are the gradual result of work conditions such as lung disease. Due to the fact that symptoms with these types of injuries reveal themselves over a period of time, the worker might not associate the eventual diagnosis of the injury as being work-related.
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What workers are covered by the Act?
Many states require an employer to carry Workers' Compensation
insurance only if they have a minimum number of employees such
as 3 or 5. As a general rule though, if a company has employees,
then they should have Workers' Compensation insurance. Each
state has its own workers' comp laws, as well as its own administrative
and legal structure for handling claims and disputes. Some states
also require workers' comp only for employees in "hazardous"
occupations.What
is considered a "hazardous" category can vary widely from state
to state.
Most
employees are also covered if they are injured while working
in another state or injured while working in another state for
an employer whose principle place of business in their home
state. Without Workers' Compensation coverage, an employer can
be sued by an injured worker for medical and disability costs,
plus damages. Every state excludes some workers from Workers'
Compensation.
Some of those excluded may be:
sole proprietors and partnerships
independent contractors
casual workers
farm workers
maritime workers
railroad employees
unpaid volunteers
domestic employees in private homes
Federal government employees are also excluded from state workers'
compensation coverage. Employees of the federal government receive
workers' compensation benefits under a separate federal law.
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What should I do if I get injured on the job?
Seek emergency medical attention if needed. Immediately report your injury to your employer. An injured worker must report any accident to their employer or any employee of the employer who is in a supervisory capacity (foreman, superintendent, company nurse, etc.). Notification must be done within a set amount of time as set by state law. Most states require that this be done within two to 30 days following an injury. If an injury occurs over time (for example, a breathing problem or carpel tunnel syndrome), you must report your condition soon after you discover and realize that it is caused by your work. Your employer will provide you with a claim form on which you must describe your injury and how, when, and where it occurred. Make sure you save copies of all correspondence with your employer, its insurance carrier and your doctor concerning your workers' comp claim.
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How long after an injury do I have to report it to my employer?
Immediately report your injury or illness to your supervisor. To be eligible for benefits, in most states you must report the injury within 30 days. If you have received medical benefits, the statutory time limit is usually three years from the date of the last payment to file a claim for medical benefits. If you have not received any medical benefits, the statutory time limit is usually one year from the date of your injury or illness to file a claim. Your employer is then required to make a report of the injury and notify its insurance company and/or the Workers' Compensation Commission. If no disability benefits are paid to the injured worker by the employer or carrier within the statutory time limit, then the right to any and all may be benefits is barred.
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Can I lose my job because of a workers' compensation injury?
Laws prohibit your employer from discharging or discriminating against you because of your workers' compensation injury. If it is proven that an employer fires or forces to resign any injured worker in retaliation for filing a Workers' Compensation claim, the worker could file a civil lawsuit against his employer seeking damages in court.
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If
I receive workers' compensation, can I also sue my employer in
court?
Laws prohibit your employer from discharging or discriminating
against you because of your workers' compensation injury. If it
is proven that an employer fires or forces to resign any injured
worker in retaliation for filing a Workers' Compensation claim,
the worker could file a civil lawsuit against his employer seeking
damages in court.
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