Can I receive a monetary award even if I did not lose time from work?
ABSOLUTELY. In fact, in many cases the injured worker will receive a greater cash award if he/she loses minimal or even
no time from work. There are certain injured parts of the body, such as arms, legs, hands and feet, as well as
hearing & vision loss, that allow for impairment awards.
Should I file a claim only if I suffer a serious injury?
ALWAYS file a claim, notifying your job and seeing a doctor immediately, because you never know what medical problems can
develop as a result of an apparently minor injury. You need to protect your future rights to monetary benefits
and medical treatment. You may be due an award for even a minor injury!
Do I need a lawyer for a workers' compensation case?
NEVER try to represent yourself in any legal action. Attorneys are trained in their stated fields and nothing could
be more important than to have an experienced legal team to assist and guide the injured worker. The insurance companies
are NOT in business to pay an injured worker his/her full benefits and will never act in the best interests of the injured
worker.
If I am disabled for my job and I am not collecting any workers' compensation payments, can I collect
unemployment or other disability benefits?
SOMETIMES under certain circumstances, an injured worker can apply for unemployment or state disability benefits.
Each case must be viewed individually. However, when a worker is deemed partially disabled and unable to do
his particular job, yet able to perform light duty work which is not available, he/she may apply for unemployment benefits.
The injured worker may also collect a partial payment from workers' compensation. Also, an injured worker should
file a New York State disability benefits claim when the workers' compensation insurance company denies the
claim as being work-related, pending a final determination by the Workers' Compensation Board.
Do I have any out-of-pocket expenses, costs or fees for filing a claim?
NO. There are essentially no costs to the injured worker. All necessary medical treatment is paid by the
workers' compensation insurance company. No co-payments should be paid by the injured worker. Any test or
procedure costing more than $500 needs pre-approval and, of course, ordinary treatment or therapy privileges should
not be abused. The worker is entitled to reimbursement for his/her "reasonable" expenses for medications and travel
for treatment visits. Additionally, an injured worker is not permitted to pay a lawyer directly for legal
services. Instead, any attorney's fee must be approved by a WC Law Judge first and deducted from an award
to the injured worker only if an award is obtained. Otherwise, no fees are payable.
Can I collect Social Security Disability Benefits while I am collecting workers' compensation ?
DEFINITELY. If the injured worker remains disabled or is expected to remain disabled for at least 12 months, then
a claim for SSDB should be filed. If approved, the monthly SSDB payment will supplement the weekly workers' compensation
payments. The Social Security Administration may adjust the monthly benefit depending upon the weekly compensation amount.
How do I know which doctors to treat with and how often?
ALL physicians and chiropractors that accept workers' compensation can treat an injured worker. Initially, any
hospital will accept the patient on an emergency basis but follow-up care should be with the WC Board approved doctor.
The injured worker should see his/her doctor at least once per month for any period of time he/she claims to be disabled and
unable to work in order to prove the disability status to the WC Board and be paid for the loss of wages.
Can I file a claim for workers' compensation benefits if I believe my work caused an injury or illness even if
I did not have an accident?
YES. In fact, many claims for benefits arise from injury or illness caused or aggravated by the nature of the occupation.
The more obvious cases include a computer keyboard operator who develops carpal tunnel syndrome in the hands, an asbestos
handler who suffers from a respiratory disease, or a machine operator who suffers hearing loss. However, a home
care attendant, a delivery person or construction worker can develop a low back disorder from repetitive heavy lifting
and carrying while working over a period of time. Another example is a carpet installer who injures his/her
knees due to the nature of the occupation. These are all valid claims as long as there is supporting medical
proof that they were caused, aggravated or developed while working.
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