Questions: What if I have a Special Situation?

Beat the Workers' Compensation maze. Hire Allan Reich, a professional in the field of Workers' Compensation.

Questions: Workers' Compensation Eligibility

1What if I live out of state?

You are still entitled to the same Workers’ Compensation benefits as everyone else, and you still need to give notice to your Employer/Supervisor. Filing a timely C-3 claim for Workers’ Compensation benefits, and to see a doctor right away. Treatment out-of-state can be tricky. There are special rules for seeing a doctor out-of-state, but it can be done. One of the big concerns is that the Workers’ Compensation carrier may not be responsible for paying an out-of-state doctor's full charges, and that doctor can bill you for the unpaid balance. New York doctors who take Workers’ Compensation must accept the carrier's payment as payment in full.

Also, each state has its own unique Workers’ Compensation laws and benefits. The Workers’ Compensation systems can be very different from state to state. It is very unlikely that an out- of-state doctor knows and understands the New York Workers’ Compensation laws, standards, and treatment rules very well, if at all. These laws and rules are very complex, and misunderstanding them can seriously harm your case.

Be cautious! Use a New York Workers’ Compensation doctor if at all possible. At a minimum, make certain that your out-of-state doctor agrees not to hold you responsible for any unpaid charges, and make sure that your doctor will speak to us about the applicable standards, laws, and rules for your New York case.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

2What if I had a pre-existing condition that got worse because of my job?

Answer:

You can still claim benefits. As long as the condition was aggravated, even temporarily, while being employed, you can be compensated for your lost wages and for your permanent disability.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

3What if I never lost time from work? I just can no longer do overtime?, or had to take an easier job that pays less?

Answer:

You can still get compensated. You do not have to actually miss time from work. As long as your compensable disability affects your earnings, even if that is just because you can no longer do overtime or can no longer do a shift that pays a differential, you can still be compensated for that loss in pay.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

4What if I never lost time from work, and have no loss of earnings?

Answer:

You can still receive Workers’ Compensation payments, and they can be substantial. One of the benefits under New York Workers’ Compensation is payment for permanent injury to a limb or facial disfigurement (including parts of the neck). If you have such permanent injury you will receive payment. Again, even if you never missed a day from work or a dime in wages

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

You also must file a C-3 claim form with the Workers’ Compensation Board within 2 years. When you come to us, we will help to complete the necessary forms and will make sure that it is filed promptly with the Workers’ Compensation Board.

It is not a good idea to wait! Give your notice and file your claim

But what if 30 days have already passed, and you have only given oral Even if you did not give any type of notice to your Employer/Supervisor

within 30 days. Also, in some situations even if the notice was not given until

long after. Of course, you should always give written notice of the accident

and right away. It strengthens your credibility and expedites your benefits.

notice? You should still file your claim. The requirement for written

notice is often excused, and just having told your Employer/Supervisor

about it is often good enough. There are even some situations where the late notice

is excused even if you did not give any type of notice to your Employer/Supervisor

within 30 days. Also, in some situations even if the notice was not given until long after.

Of course, you should always give written notice of the accident and injury as soon as possible. Even if the 30 days have passed, and even if you have already previously told your employer about it.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

5What if I had more than one job when I got injured?

Answer:

In most cases, your monetary awards for lost wages and for permanent injury will be based on your combined wages from all of your concurrent jobs. Even if your compensable disability never results in lost time or wages from the job where you were injured, you can still receive compensation for the reduced earnings or lost time that result at your other job(s).

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

6What if I was under 18 years old when I got injured?

Those who are under 18 years old get special protection under the law. In certain circumstances the awards can be doubled. Call us to discuss the details of your case.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

7What if the accident was the fault of a third-party?

In some situations, when a third-party is responsible for your injuries, you can have a lawsuit against that party and collect Workers’ Compensation benefits at the same time. The general rule is that you cannot sue your employer or a co-worker for their negligence that led to your injury at work. But if the negligent party is not a co-worker or the employer, you can bring a personal injury suit against that third-party as well. Such a suit will generally lead to you receiving even more for your injuries and damages than you would receive from the Workers’ Compensation case alone.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

Obtaining professional representation to assist in securing benefits in Workers’ Compensation is not only a bargain but also a sensible step to insure your rights.

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Did You Know?

If you choose to accept Workers’ Compensation Benefits you can not sue your employer. However . . . If you are involved in a motor vehicle accident with another car you might be able to file a lawsuit with the driver of the other car.

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