Partner Matt Funk, Esq. are now writing a weekly column for Laborpress.Org on Worker’s Compensation issues.

What Do I Do Now?! – Workers’ Comp and Other Mysteries

WHAT IS AN OCCUPATIONAL DISEASE? Most of us know that Workers Compensation Law protects workers who become injured on the job. Under the law, workers can be compensated for accidental injuries, which often happen suddenly and traumatically at the work site. No big surprises there. But…

MYTH 20: THERE IS NOTHING I CAN DO WHEN I SEE THE INSURANCE CARRIER DOCTOR. TRUTH: AN INJURED WORKER HAS SEVERAL THINGS THEY CAN DO AT AN EXAMINATION. When Joe received a letter from his insurance…

QUESTION: I WAITED A LONG TO SEE THE DOCTOR.  CAN I FILE A CLAIM FOR BENEFITS? ANSWER: THERE IS NO TIME-FRAME TO SEE A DOCTOR. Joe hated doctors. He hated…

QUESTION: AFTER GETTING INJURED AT WORK, I SAW MY DOCTOR UNDER MY PRIVATE INSURANCE POLICY.  DOES THIS MEAN I CANNOT NOW MAKE A WORKERS COMPENSATION CLAIM?
ANSWER: AS LONG AS WORK RELATED HISTORY IS PROVIDED, THE CLAIM IS STILL VALID.Joe and his crew were fixing…

QUESTION:  WHEN I GOT INJURED I DIDN’T KEEP A LIST OF THE DAYS I LOST.  DOES THAT MEAN I CAN’T PUT IN A CLAIM FOR WORKERS’ COMPENSATION?
ANSWER: THE EMPLOYER IS RESPONSIBLE FOR REPORTING TO THE WORKERS’ COMPENSATION BOARD ANY DAYS LOST TO INJURY. Joe had been out with that broken…

QUESTION: I AM OUT OF WORK ON A WORKERS’ COMPENSATION INJURY. AM I ALLOWED TO FILE FOR UNEMPLOYMENT BENEFITS?
ANSWER: YOU MAY FILE FOR UNEMPLOYMENT BENEFITS, AS YOU ARE ELIGIBLE FOR BOTH BENEFITS. Joe was recovering from that bad…

QUESTION: I FILED AN ACCIDENT REPORT AT WORK AND NOTIFIED MY SUPERVIOR.  DO I HAVE TO DO ANYTHING ELSE?
TRUTH: YES! The C-3 Claim Still Must Be Filed With the Workers’ Compensation Board by the…

QUESTION: MY EMPLOYER PAID ME SALARY WHILE I WAS INJURED AND OUT OF WORK.  DO I STILL HAVE TO FILE A WORKERS’ COMPENSATION CLAIM?
ANSWER: THERE IS MORE TO A CLAIM THAN PAYMENT WHILE OUT OF WORK. Joe’s boss, Mike was a…

QUESTION: I DID NOT TELL MY BOSS WITHIN 24 HOURS ABOUT THE ACCIDENT I HAD AT WORK. DOES THIS MEAN I CANNOT COLLECT WORKERS COMP?
ANSWER: THERE IS NO 24-HOUR REPORTING REQUIREMENT UNDER THE COMPENSATION LAW! Joe was working on…

QUESTION:  IF I AM GETTING SOCIAL SECURITY DISABILITY SSD) AS WELL AS A PENSION DOES THAT MEAN I CANNOT GET WORKERS’ COMPENSATION AS WELL? ANSWER:  YOU CAN GET STILL GET WORKERS’ COMPENSATION WHEN YOU ARE RECEIVING A PENSION AND SSD. At 55, Joe was a…

QUESTION:  WHEN I GOT HURT, I DID NOT LOSE ANY TIME FROM WORK.  SHOULD I BOTHER TO FILE A WORKERS COMPENSATION CLAIM? ANSWER: LOST TIME IS NOT A REQUIREMENT TO FILE A CLAIM. Joe was working..

QUESTION:  I TOLD MY SUPERVISOR ABOUT THE ACCIDENT BUT I DID NOT SUBMIT AN ACCIDENT REPORT. AM I GOOD TO GO WITH THE VERBAL NOTICE?
ANSWER: ALWAYS REPORT AN INJURY IN WRITING! Joe was working a construction job when Mike accidentally…

QUESTION:  MY INJURY WAS NOT SERIOUS.  SO WHY SHOULD I FILE A CLAIM? ANSWER: BECAUSE YOU DON’T KNOW WHAT’S GOING TO HAPPEN.  ALWAYS FILE A CLAIM NO MATTER HOW MINOR THE INJURY. As a Central Park…

QUESTION: I JUST RETIRED FROM MY JOB.  BUT I AM STILL SUFFERING FROM AN INJURY I GOT ON THE JOB.  AM I STILL COVERED BY WORKERS’ COMP AND CAN I STILL MAKE A CLAIM? ANSWER: IN CERTAIN CASES, RETIREMENT DOES NOT END COVERAGE AND AN INJURED WORKER CAN STILL MAKE A CLAIM FOR COVERAGE. After a good forty years on…

QUESTION: I PREVIOUSLY HURT MY BACK AT WORK.  JUST RECENTLY I HURT IT AGAIN. DO I NEED TO FILE A NEW WORKER’S COMP CLAIM?ANSWER: ALWAYS FILE A NEW CLAIM!! Under the New York State Workers’ Compensation Law, an…

QUESTION:  SOMEONE NOT EMPLOYED BY MY COMPANY HURT ME.  AM I STILL COVERED? ANSWER: YOU ARE COVERED NO MATTER WHO EMPLOYED THE PERSON AT FAULT. It was right before…

QUESTION:  I HAVE A PREEXISTING INJURY TO THE SAME BODY PART I HURT AT WORK. DOES THIS MEAN I CANNOT CLAIM WORKERS COMPENSATION BENEFITS? ANSWER: A PREEXISTING INJURY DOES NOT STOP A CLAIM.  FILE THAT CLAIM! Joe Worker was a…

QUESTION:  IT WAS MY OWN FAULT I GOT HURT AT WORK.  AM I STILL COVERED BY WORKERS’ COMP? ANSWER: IN ALMOST ALL CASES WORKERS’ COMP COVERAGE IS NOT BASED ON WHOSE FAULT IT IS. Joe was working as a…

QUESTION:  I DID NOT PUNCH IN FOR WORK.  DOES THIS MEAN I AM NOT COVERED IF I HAVE AN ACCIDENT? ANSWER: IF YOU ARE AT WORK AND YOU DON’T PUNCH IN, YOU ARE STILL COVERED. PUNCHING IN DOES NOT START COVERAGE FOR A WORKER! Joe was running late…

QUESTION:  I STARTED A FIGHT WITH A COWORKER AND LOST.  AM I STILL COVERED? ANSWER: FIGHTS ARE COVERED, REGARDLESS OF FAULT. Joe and Mike were…

QUESTION: WHAT IS AN OCCUPATIONAL DISEASE? Answer: The Workers Compensation Law protects workers who sustain injuries in the course of their employment.  There are different types of injuries that are covered…

Over the years our firm has helped thousands of New York workers get the Workers Compensation that they deserve, serving our fellow workers in Manhattan, Brooklyn, Kings and Queens Counties, Staten Island, The Bronx, Rockland, Westchester and Nassau and Suffolk Counties.