Workers' Compensation Statement of Rights
REQUIREMENT TO SEE A DOCTOR
To be eligible to receive New York State Workers' Compensation benefits you must be under the care of a doctor and the doctor must submit reports to the insurance carrier, the Workers' Compensation Board and our office. The Judge requires that your doctor examine you once every 45 days. We will contact your doctor and ask for medical records. However you must bring the most recent report to every hearing to justify an argument for continuing benefits.
DO NOT PAY YOUR DOCTOR
New York State Workers' Compensation Law permits you to choose any doctor you are comfortable with provided he or she is coded by the Workers' Compensation Board. DO NOT PAY THE DOCTOR. They should bill the insurance company for the entire cost of the visit. Please notify this office of all physicians who treat you. If you change doctors or move out of state, please contact this office immediately to be advised how your rights may change.
SEARCH FOR WORK
The Courts have determined that anyone who is considered partially disabled by their doctor must look for work. Failure to do so will deem you to have voluntarily withdrawn from the labor market and entitle the carrier to suspend any indemnity payments to you. Keep a log of any jobs that you inquire about, whether you get the job or not.
DENIAL OF CLAIM
If the carrier denies or controverts your claim, you may be entitled to disability benefits pursuant to New York State Disability Law. Contact the office if you receive a denial and we will advise you what to do.
CONTACT BY THE CARRIER
Do not give any statements to the insurance carrier's employees (investigators, rehabilitation specialists, etc.) unless you have spoken with this office first. They are required to get the attorney's permission before speaking with you. Do not sign anything other than a medical release.
REIMBURSEMENT FOR EXPENSES
It is your responsibility to keep a record of all dates and treatments with your medial providers for reimbursement of expenses. Please submit your request for reimbursement directly to the insurance carrier by certified mail and keep copies of everything for yourself. You should send all supporting documentation, including receipts, with your request for reimbursement. If the expenses are not re-paid by the carrier, then bring a copy of the request for reimbursement to the hearing. You are entitled to 44.5 cents per mile for your travel to and from your medical provider, any therapy, and the carrier's doctor.
Please contact this office when you receive a notice of hearing. Please note that the Workers' Compensation Board schedules all hearings - not this office. A member of this office will appear with you at the hearing. Please bring the most recent medical report from your medical provider with you.
If your injuries keep you out of work for one year or more you may be entitled to other benefits such a long-term disability benefits, Social Security Disability Benefits or Disability retirement. These benefits require you to file a separate application for benefits. It is your responsibility to make those applications when you are ready. Please contact our office if you have any questions.
CHANGE IN STATUS
It is the responsibility of the Workers' Compensation Board to notify you of all hearing dates. We will not contact you unless we have new information or a problem to advise you about. Please keep this office updated as to any changes in address, telephone number and/or work status. Keep a record of all dates you are out of work due to this accident. If you lose intermittent dates from work please be sure to inform your timekeeper that you are out of work due to your Workers' Compensation accident.
One of the attorneys will return your phone calls as soon as possible. We make appearances in Court everyday, so patience is needed until we can get back to you.
THIRD PARTY LIABILITY ACTIONS
Under certain circumstances, you may be entitled to recover additional damages from a third patty that caused or contributed to causing your accident. If you believe that you may have such a claim, notify this office immediately. In most cases, you MUST START THE LAWSUIT within three (3) years, of the date of the accident or you will be forever precluded from doing so.