I worked really hard on a legal brief for my client Angela, a proud woman who was forced onto welfare because they stopped her Workers’ Comp checks. Well, I just received a decision on her case, and I won. A State Workers’ Compensation Judge has ruled that she is totally disabled due to multiple physical and mental injuries and is entitled to both retroactive and future payments.. Sounds great, right? Well, it is, and it isn’t, because the employer/ insurance company attorneys can now appeal and hold up her money for one year. One year! Ordinary people who are injured and disabled have to fight against lawyers for employers and a government that doesn’t want to pay them. It’s that simple. Think that injured workers “scam the system” all the time? More often than not, I find that it’s injured workers who give up fighting for what they are entitled to under the law, because of a legal system that is stacked against them. AN EXPERIENCED WORKERS’ COMP / DISABILITY ATTORNEY CAN LEVEL THE PLAYING FIELD FOR THE ORDINARY FOLKS WHO GET INJURED, DISABLED OR EVEN KILLED ON THE JOB AND HAVE TO FIGHT TOOTH AND NAIL FOR THEIR BENEFITS. Call me if you know someone who is disabled or injured on the job. I HANDLE SOCIAL SECURITY DISABILITY CLAIMS AS WELL AS WORKERS’ COMP. Consultations are always free.
Most people think that if they get injured at work, telling their boss and then seeing their family doctor is all they have to do. Actually, it isn’t. Here’s a little advice about what to do when you get injured on the job:
1. File a written incident report and keep a copy for your records.
2. Ask your boss or your HR Department for the name and phone number of your employer’s workers’ compensation insurance company (also called the “carrier.”)
3. Go for treatment with a Workers’ Compensation doctor who is a specialist – NOT your family doctor. Examples of doctors who you could see are orthopedists, neurologists, chiropractors or physical medicine and rehab doctors.
4. File a C-3 form with the New York State Workers’ Compensation Board. This step is required by law- yet most people don’t know about it and YOUR EMPLOYER WILL NOT TELL YOU ABOUT IT BECAUSE IT IS NOT THEIR RESPONSIBILITY TO DO SO! You can file a C-3 form online by going to the Board’s website at www.wcb.ny.gov. The law says you have two years from the accident or injury to file this form with New York State.
When filing for Workers’ Comp, keep in mind that you will be dealing with two completely separate entities: the carrier and the Workers’ Compensation Board. The carrier is your employer’s insurance company that is in business to make money and to pay as little as possible in benefits. The Board, on the other hand, is like a court. The Board, not the carrier, makes the final decisions in your case. Most carriers would like you to think that their decisions are final. However, any decision that a carrier makes about what treatment or surgery you are entitled to or how much money you get for your case can be challenged. You just have to know how. That’s where getting an experienced Workers’ Comp attorney comes into the picture.