QuestionI hurt myself at work. URGENT. Can you explain New York Workers Compensation to me? I have never been hurt before, I have never had a workers compensation case. Please explain work comp from the start!
AnswerNew York Workers Compensation , New York Work Comp , Staten Island Workers Compensation Practice , staten island work comp , hurt at work ,
Hello Sal,
Sorry to hear you were hurt at work. Injury at work , by law , is covered by Workers Compensation , often called work comp .
First of all, of course, you must be hurt while at work, or while on the clock. I have had people injured in a car accident- while 'on the clock'- working for an employer. If you are working, then (at least in New York Workers Compensation) work comp takes precedence over any other insurance that may also possibly be involved (ie: car accident no fault insurance).
I am not a Lawyer, but I have handled Staten Island Workers Compensation cases for over 25+ years. Besides getting a general overview here, I would recommend going to the http://www.AllExperts.com website and looking up a New York State Workers Compensation Attorney.
If you are hurt at work, then you must fill out paperwork. The world now survives and thrives,,, on paperwork. Fill out the forms appropriate for your job, your contract. Fill out the forms, turn them in to your supervisor, boss, employer. Of course, if you are hurt badly enough, and an ambulance, and/ or an emergency situation exists - - worry about health and appropriate care before worrying about forms- forms can be done later (but at some point, forms must be completed).
Sometimes an injury at work is small enough where we fill out a form, report the injury, and return to work the same shift, the same day. Sometimes an injury causes us to miss a day or two or three. Sometimes an injury at work causes us to miss work for weeks, months, possibly even years! Regardless--- my recommendation is to complete the appropriate forms, get the incident on record, and get proper health treatment.
Many people think that Work Comp only covers you if you miss work. NOT correct. New York Work Comp will cover you if you miss no time, some time, a lot of time, or are permanently injured. NY Workers Compensation will cover your days lost from work and will cover necessary medical treatments. Some jobs, some contracts have it set up where the first few days are taken from your sick day allowance, or possibly even vacation days; some jobs go straight to work comp for lost time. Regardless- if you miss time from work, due to an injury at work, you are paid (at some rate) for your time.
If you are hurt at work, I recommend appropriate Doctors, appropriate treatment, and a Workers Compensation Lawyer. There are AT LEAST two aspects to your workers comp situation: you have your injury, your health to worry about; AND the legal aspect. A doctor of chiropractic is an excellent choice for any neck/ back/ spine complaint; and a lawyer to handle the legal aspect.
It is important to get proper health evaluation and treatment, and important to properly document your case. Sometimes a patient will lose intermittent time from work; be able to work a few days, then the injury flares up and the patient is out a day or two or more. Many doctors do not like taking a New York Workers Compensation case- because the paperwork is intense, and the reimbursement is low and slow. This Staten Island Chiropractor takes work comp. The paperwork is just 'part of the job', and the reimbursement,,,, well, reimbursement is a problem with ALL insurances now-a-days.
I have a busy Staten Island Workers Compensation practice, because lots of people get hurt, many lawyers refer to me, I give excellent treatment, do excellent paperwork, and as a Doctor of Chiropractic with a Diplomat specialty, honored in PREVENTION magazine, and the FIRST Chief of Chiropractic in a NYS Hospital; my testimony and evaluation is well respected and valued.
So far: If you are hurt at work, complete proper forms at work, document the injury, get proper evaluation and care, get an attorney.
Work Comp (in NYS) covers you whether you are back to work or missing work- you get to draw some type of 'salary', your treatment is covered.
In my Staten Island work comp practice , I utilize some informational handouts which may be helpful to you:
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"" A brief note on Workers Compensation:
If you are hurt at work, BY STATE LAW YOU ARE COVERED BY WORKERS COMPENSATION INSURANCE.
If you are hurt at work, your private health insurance IS NOT responsible
to pay for your treatment (whether that may be Chiropractic, Medical, Dental, Physical
Therapy, Psychological, etc.).
YOU DO NOT HAVE TO MISS WORK to be covered by compensation.
Some people have open comp cases for many, many years- 10, 20 years.....
IF YOU ARE HURT AT WORK, BY STATE LAW WORKERS COMPENSATION HAS TO PAY FOR YOUR TREATMENT.... WHETHER
YOU ARE WORKING OR NOT,,, WHETHER YOU MISS ZERO DAYS,
ONE DAY, ONE WEEK, OR ONE YEAR .
If you inform your doctor that you were hurt at work.....
BY STATE LAW THE DOCTOR HAS TO NOTIFY/ GO THRU WORKERS COMPENSATION.
If you inform your doctor that you were NOT hurt at work......
BY STATE LAW THE DOCTOR CANNOT GO THRU/ NOTIFY WORKERS
COMPENSATION.
The above is a brief explanation of WORKERS COMPENSATION. This explanation is not prepared by an attorney or the Workers Comp Board, is not legally binding, but is an attempt at a brief, general explanation of workers comp. For further or more detailed explanation, contact your Work Comp Attorney. ""
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Work Comp INFO for the newly injured
I am NOT a Lawyer, and this is not legal advice, not a legal opinion, this is just general information,
Questions ? - call your attorney.
If you are hurt at work, BY STATE LAW YOU ARE COVERED BY WORKERS COMPENSATION INSURANCE. There is no choice.
If you are hurt at work, your private health insurance IS NOT responsible
to pay for your treatment (whether that may be Chiropractic, Surgery, Medical, Dental, Physical Therapy, Psychological, etc.).
YOU DO NOT HAVE TO MISS WORK to be covered by compensation.
Some people have open comp cases for many, many years- 10, 20 years.....
IF YOU ARE HURT AT WORK, BY STATE LAW WORKERS COMPENSATION HAS TO PAY FOR YOUR TREATMENT.... WHETHER
YOU ARE WORKING OR NOT,,, WHETHER YOU MISS ZERO DAYS,
ONE DAY, ONE WEEK, OR ONE YEAR .
If you inform your doctor that you were hurt at work.....
BY STATE LAW THE DOCTOR HAS TO NOTIFY/ GO THRU WORKERS COMPENSATION.
If you inform your doctor that you were NOT hurt at work......
BY STATE LAW THE DOCTOR CANNOT GO THRU/ NOTIFY WORKERS
COMPENSATION.
The above is a brief explanation of WORKERS COMPENSATION. This explanation is not prepared by an attorney or the Workers Comp Board, is not legally binding, but is an attempt at a brief, general explanation of workers comp. For further or more detailed explanation, contact your Work Comp Attorney.
For your own records ( you will be thankful next year when they ask you questions)( start your own file,,, keep duplicate copies of everything ) :
I was working on ______________________________________ (date),
I was at _____________________________________________ (address),
I was working for ____________________________________ (employer)
________________________________________________(employer address)
I injured myself ______________________________________________
______________________________________________(activity you were doing)
I injured _____________________________________________________
___________________________________________________ ( body parts )
NOTES:
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I hope I have answered your question. If not, please do not hesitate to re-contact me here at AllExperts.com
( http://allexperts.com/ep/965-100794/Chiropractors/Victor-Dolan-DC-DACBSP.htm )
Document, document, document; forms, forms, forms; - New York Workers Compensation is a legal and medical concern: DO THE PAPERWORK.
See an appropriate health professional: for neck/ back/ spine concerns - see your local Doctor of Chiropractic. See an appropriate legal professional - see an attorney, preferably one who specializes in work comp cases.
I wish you Good Luck, Good Health Naturally, a return to health and work,
Dr. Victor Dolan, DC
http://www.merchantcircle.com/blogs/Dr.Victor.Dolan.Chiropractor.718-981-9755/20...
http://www.SIworkcomp.com
http://drvictordolan.chiroweb.com
