Review these tips from Connors & Ferris if you have a New York State Workers' Compensation Claim. Some of the actions you must take in order to have a case with fewer disputes include:
-
SEE YOUR DOCTOR AT LEAST EVERY 4 TO 6 WEEKS.
Seeing your doctor every six weeks is absolutely necessary for you to be eligible for a weekly compensation check if you are either out of work because of your disability or are working at reduced earnings (making less money) because of your disability. The Workers' Compensation Law requires up to date medical evidence every four to six weeks demonstrating your disability and/or your restrictions relating to your injuries.
-
REMIND YOUR DOCTOR TO INDICATE YOUR DEGREE OF DISABILITY IN EVERY REPORT.
Having documentation of the degree of your disability is important because, if you are out of work, your weekly compensation check, if any, will be based upon the doctor's opinion. If your doctor believes you are totally disabled, then he or she should say so in every report he or she submits to the Workers' Compensation Board.
If your doctor feels you have a partial disability, then he or she should also indicate what restrictions you have, if any, relative to your disability in every report (i.e., as in lifting, squatting, standing, pushing, pulling, repetitive use, hours per day, etc....).
-
REMIND YOUR DOCTOR TO SEND A COPY OF THEIR MEDICAL REPORT TO CONNORS & FERRIS AND THE WORKERS' COMPENSATION BOARD FOR EACH VISIT.
Your entitlement to compensation benefits will be based upon the medical evidence submitted to the Workers' Compensation Board. If no reports are submitted, then there can be no basis for a Judge to initiate or continue a compensation award.
-
INFORM THIS OFFICE OF THE NAME AND ADDRESS OF ANY NEW DOCTOR YOU MAY SEE.
-
NOTIFY THIS OFFICE WITH REGARD TO ANY CHANGE IN YOUR ADDRESS OR TELEPHONE NUMBER.
-
YOU MUST LOOK FOR WORK IF YOUR DOCTOR SAYS YOU HAVE A PARTIAL DISABILITY.
If your doctor gives you restrictions, regardless of whether your employer will take you back or not, you have an obligation under the law to look for work given your particular work restrictions. As soon as your doctor gives you restrictions, you should contact your employer and find out whether or not they can accommodate you. If they can't, you should apply for unemployment and then look for work elsewhere. If you do not look for work, you may be found by the Board to have voluntarily withdrawn from the labor market, and therefore, you would not be entitled to continuing weekly wage replacement benefits.
It is very important for you to show at least two (2) job applications per week and listing your restrictions. Keep track of your job search by writing down the name of each employer contacted, the name of the individual whom you spoke with and the date that you contacted them for your future reference.
Remember: if you have work restrictions, you can apply for unemployment benefits. If you qualify, you may receive unemployment benefits in addition to your compensation benefits, given certain restrictions. You will be asked at each and every hearing to testify truthfully about your work search efforts, so ensure that you are continually prepared.
-
NOTIFY THE INSURANCE COMPANY AND THIS OFFICE IMMEDIATELY WHEN YOU PERFORM ANY WORK OR WORK-LIKE ACTIVITY, WHETHER PAID OR NOT.
You must understand the Workers' Compensation Law requires claimants to notify the insurance company immediately upon performing any work or work-like activity, whether paid or not. Should you fail to notify the insurance company about your activities, and you continue to receive payments based upon your disability level while you were out of work, you have committed Workers' Compensation fraud.
The law changed in 1996 to make Workers' Compensation fraud cases easier to establish. Prompt notification to the insurance company will protect you from such allegations, and will limit the chances of an overpayment by the insurance company to you.
-
PROVIDE THIS OFFICE WITH COPIES OF YOUR PAYSTUBS AND/OR W-2's UPON YOUR RETURN TO WORK.
If you return to work, you may be entitled to reduced earnings benefits if your lower wage can be related to your disability. In order for us to be able to calculate whether you are entitled to reduced earnings, we need the following information from you:
a. The date you returned to work;
b. The name of your current employer(s), together with your job title and duties;
c. The amount of your current gross earnings, (hourly earnings x hours per week worked = gross earnings);
d. All paystubs and W-2s for the period after you returned to work;
NOTE: ONCE YOU PERFORM ANY WORK OR WORK-LIKE ACTIVITIES, WHETHER PAID OR NOT, THE WORKERS' COMPENSATION INSURANCE COMPANY AND THIS OFFICE MUST BE INFORMED IMMEDIATELY SO THAT YOUR WEEKLY BENEFITS CAN BE PROPERLY ADJUSTED, AND SO YOU CAN AVOID ANY CLAIM THAT YOU ARE COMMITTING WORKERS' COMPENSATION FRAUD.
-
IF YOUR DOCTOR INDICATES YOU ARE TOTALLY DISABLED FROM ALL WORK, FOR AT LEAST ONE YEAR, YOU MAY BE ENTITLED TO SOCIAL SECURITY DISABILITY OR SUPPLEMENTAL SECURITY INCOME.
We may be able to help you with your claim for social security disability benefits. Call us for more information or fill out the Get Help Now questionnaire.
-
IF YOU SUSTAIN ANY OTHER INJURY, CALL US IMMEDIATELY.
-
PLEASE REMEMBER THAT OUR ATTORNEYS' FEES COME OUT OF ANY AWARD PAYABLE TO YOU.
In our first office meeting, we will review the attorneys' fees. Should you have any questions regarding attorneys' fees, please call the Rochester office at (585) 262-COMP or our Buffalo office at (716) 684-COMP.
The above information has been compiled for continual reference based upon our interpretation and experience with Workers' Compensation. This information is critical to the proper administration of your claim. Should you have any questions regarding any aspect of your case, please do not hesitate in contacting Connors & Ferris.