top questions about workers' compensation

1 What is Workers Compensation?

A form of insurance providing wage replacement and medical benefits to employees injured in the course of

employment.

This is in exchange for mandatory relinquishment of the employee's right to sue his or her employer

for the tort of negligence.

2 What is the history of Workers Compensation in the United States?

Workers' compensation programs in the United States are state regulated, with laws determined by each state legislative body and implemented by a state agency.

The programs provide the payment of lost wages, medical treatment, and

rehabilitation services to workers suffering from an occupational injury

or disease.

3 What is the Workers Compensation Act?

State statutes which establish liability of employers for injuries to workers while on the job

or illnesses due to the employment, and requiring insurance to protect the workers.

Workers' Compensation Acts provide for a system of hearings

and quasi-judicial determinations by administrative law judges and

appeal boards.

4 What is the workers Compensation Process?

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Providing notification of a work related injury to a New York State employer should be done within 30 days of the

injury and in writing. Notice should be provided to the injured worker’s

immediate supervisor or to the Human Resources Department.

The injured worker should file a formal

notice of claim, form C-3 in New York

State.

The injured worker should file a formal

notice of claim, form C-3 in New York

State.

This form should be filed with the Workers’

Compensation Board and copied to the

claimant’s employer.

The law requires the filing of a claim

within two years of the date of injury.

This form should be filed with the Workers’

Compensation Board and copied to the

claimant’s employer.

The injured worker should file a formal

notice of claim, form C-3 in New York

State.

The employer then submits its report of injury form, C-2, to the New York State Workers’ Compensation Board and

notifies its Workers’ Compensation insurance carrier

5 How Do I file A Workers Compensation Claim?

Get immediate medical care if

your injury requires.

Get immediate medical care if

your injury requires.

You must inform your employer

of your injury as soon as possible.

Get immediate medical care if

your injury requires.

Your employer will have claim

forms for you to fill out and

submit .

You must inform your employer

of your injury as soon as possible.

6 What Happens in the workers compensation hearing?

Formal hearings are held with an ALJ - these are semi-

judicial proceedings.

Exhibits of documents and reports are entered into the formal hearing record.

Hearings generally result in payment of some or all of a

claim or dismissal of the application.

7 What is a Workers Compensation Board?

Administrative Law Judges conduct hearings and mediations. The five member board is an

appellate body that reviews Administrative Law Judges' orders.

8 What is Workers Compensation Fraud?

Workers’ compensation fraud occurs when

someone willfully makes a false statement

or conceals information in order to receive

workers’ compensation benefits or

prevents someone from receiving benefits

to which they might be entitled.

9 What is the Workers Compensation Statute of Limitations?

Each state has their own workers' comp laws, and some

state's "statute of limitations" (deadline) for filing a claim

depends on the type of injury.

10 How Much Will My Workers Compensation Claim Be Worth?

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Benefit amounts will

differ depending on

the severity of the

injury.

Benefit amounts will

differ depending on

the severity of the

injury.

If an injury leaves the

employee totally unable

to work, the benefit

amount is based on a

fixed formula.

Benefit amounts will

differ depending on

the severity of the

injury.

If an injury leaves the

employee totally unable

to work, the benefit

amount is based on a

fixed formula.

For an injury which allows one to continue

working in a limited capacity, the benefit

amount is based on a rating system adapted by

the American Medical Association.

11 How Do I file an Appeal of my workers compensation claim?

In New York State an appeal must be filed within 30 days after the filing of the decision which is being objected to.

In New York State an appeal must be filed within 30 days after the filing of the decision which is being objected to.

Special forms exist for the filing of an appeal; also know as a Request for Board Review.

12 Do I need an attorney to represent me in my workers compensation claim?

In workers’ compensation cases, the law is set up to

assist injured workers in their ability to obtain legal

counsel. A Workers’ Compensation attorney is paid from the injured worker’s lost wage

benefits and his or her fees must be approved by a Law

Judge.

For more information on Workers’ Compensation, please visit

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