Free New York Workers' Compensation FAQs | Workers' Compensation Frequently Asked Questions - LawInfo

How Long After An Injury Do I Have To Report It To My Employer?

Mon, 04 Jun 2007 20:51:22 GMT

The employee notifies the employer of the accident in writing, as soon as possible, but within 30 days. The employee who has lost time from work files a claim with the Board on Form C3 by mailing the form to the appropriate District Office. This must be done within two years of the accident, or within two years after the employee knew or should have known, that the injury was related to employment.

How Do I Know If My Employer Is Covered By Workers' Compensation?

Tue, 29 May 2007 20:19:00 GMT

Employees should be covered if they are in an employment conducted for profit. Employees of counties and municipalities engaged in work defined by the law as hazardous. Public school teachers, excluding those employed by New York City, and public school aides, including New York City. Employees of the State of New York, including some volunteer workers. Domestic workers employed forty or more hours per week by the same employer (including fulltime sitters or companions, and livein maid

What Workers' Compensation Benefits Am I Entitled To?

Tue, 29 May 2007 20:19:00 GMT

You may be entitled to receive all reasonable and necessary medical treatment, benefits for lost wages, benefits for specific injuries resulting in permanent disabilities such as loss of use and/or disfigurement (scars). You may also qualify to participate in certain physical and vocational rehabilitation programs. If the injury causes the death of an injured worker, burial expenses are covered and the dependents of the deceased worker are entitled to certain benefits.

If I Am Injured On The Job Can I Choose The Doctor Who Treats Me?

Tue, 29 May 2007 20:19:00 GMT

The worker is free to choose any physician, chiropractor, podiatrist, psychologist (upon referral from an authorized physician), outpatient clinic of a hospital or health maintenance organization authorized to give medical care by the Chairman of the Workers` Compensation Board. If the employer is a participant in the Managed Care Pilot Program, the employee must choose a health care provider within the Managed Care Organization (MCO) network. If the injured worker is dissatisfied with his/her

When Will My Benefits Begin And How Much Will They Be?

Tue, 29 May 2007 20:19:00 GMT

Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from the first workday off the job. Claimants who are totally or partially disabled and unable to work for more than seven days receive cash benefits. The amount that a worker receives is based on his/her average weekly wage for the previous year. The following formula is used to calculate benefits: 2/3 x average weekly wage x % of disa

If I Am Unable To Return To The Type Of Work I Did Before I Was Injured, What Happens?

Mon, 04 Jun 2007 20:51:22 GMT

If your employer has employment available to you within your medical restrictions and you decline, your employer may request a modification or termination of your benefits. If you do return to work and wages are less than what you earned before the injury, you may be entitled to partial disability. Wage benefits usually will equal approximately 2/3 of the difference between your current earnings and what you earned before your injury, not exceeding the maximum compensation rate for the year you

My Employer Has Denied My Claim, What Do I Do?

Tue, 29 May 2007 20:19:00 GMT

If a claim is rejected or not paid, the employee should complete the reverse side of the Notice of Rejection (sent by the employer/carrier/the Special Fund, within 45 days of its receipt of the claim) and mail it within 26 weeks to the Disability Benefits Bureau. Where necessary, the Board will obtain further information and may hold a hearing on the claim. Benefits will be paid if a claim is determined proper and valid.

If the employer or insurance carrier disputes the claim, no cash benefit