New York Workers Compensation Board<\/a> (“the Board”). You can submit a claim online, in person at your local Board office, or by mail. Here, follow the instructions for any of the available options.<\/p>\nDo not delay submitting your claim. You must file a claim within two years of the date of your injury or from the date you realize or should have realized your injury or illness was caused on the job or while performing your job duties. If you miss this deadline, your employer’s workers’ compensation insurance company can deny your claim and you will not receive the compensation you deserve.<\/p>\n
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After You File Your Claim<\/strong><\/p>\nOnce you have informed your employer about your injury, the clock will start ticking on certain responsibilities that your employer has toward you in relation to your injury. The employer is required to report the employee’s injury to both the Board and the insurance company within ten days of receiving the report of the injury from the employee. It is always a good idea to follow up with your employer in order to make certain that someone has actually reported your injury. In the event that this has not occurred, you have the ability to file a complaint with the Board, and your employer may be subject to significant financial penalties, including $1,000 for each instance of noncompliance and a second penalty of up to $2,500 in the event that the employer fails to comply.<\/p>\n
Upon receiving a report of a work-related injury from the employer, the insurance company for the employer is obligated, by law, to provide a written description of the employee’s rights under the workers’ compensation law of the state of New York to the employee. Within fourteen days of receiving the report from the employer, the company is required to send this statement to the employee. Alternatively, the statement must be included with the first check that the company sends to the injured employee, whichever comes first.<\/p>\n
If the employee is eligible to receive cash benefits in addition to medical benefits, the insurance carrier for the employer is required to begin making these weekly payments within 18 days and must inform the employee that payments will be made. If the employee is not eligible to receive cash benefits, the medical benefits are not affected. It is possible for the insurance company to reject the claim made by the employee for a number of different reasons, some of which are acceptable while others are not.<\/p>\n
The company is required to give notice to the Board before beginning payments or deciding whether or not to dispute the claim. After the initial payment, insurance companies are required to keep making cash benefit payments on a biweekly basis going forward. In addition, the insurance company is required to conduct an assessment of the employee’s requirement for rehabilitation treatment twelve weeks after the accident.<\/p>\n
The laws governing workers’ compensation in New York also impose certain obligations on healthcare providers. After providing a report on the injured worker’s injuries to the District Office, the initial treating physician is obligated to provide copies of the report to the employee, the employee’s insurance provider, and the insurance provider. If the worker needs care beyond what was initially treated, the physician is required to report on the worker’s progress every 45 days.<\/p>\n
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Brooklyn Workers\u2019 Compensation Benefits<\/strong><\/h3>\nEvery claim for workers’ compensation is different from the next. Injured workers in New York are eligible for a variety of benefits under the state’s law. These benefits are determined by the severity of the employee’s injury as well as the degree to which they are disabled.<\/p>\n
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Medical Benefits<\/strong><\/p>\nEvery worker has the right to have the costs of their medical care covered by their employer beginning on the date of their injury and continuing on until they have fully recovered from it. You should always keep in mind that an insurance company or employer may dictate to injured workers both the specific health care provider as well as the medical facility an employee may use to receive care for his or her injuries or illness. This does not apply to urgent care, which is required to immediately treat the injury.<\/p>\n
Not only do these restrictions apply to the care that is required to treat the initial injury, such as diagnostic tests and surgeries, but they also apply to the pharmacies at which employees may have their prescriptions filled. This is because both types of care are necessary to treat the initial injury. If the insurance company has a contract with one of the Preferred Provider Organizations, or PPOs, offered by the State Health Department, it is possible that it will require an employee to receive his or her initial non-emergency care from a physician or facility that is part of the PPO.<\/p>\n
After thirty days have passed since the employee’s initial treatment, however, the employee is free to seek treatment from any authorized provider, regardless of whether or not the provider is a participant in the PPO. It is required of the PPOs that they have at least two different providers in each specialty and that they operate in a minimum of two hospitals. This is done to guarantee that the PPOs have adequate capacity to treat workers’ compensation patients.<\/p>\n
\u00a0<\/strong><\/p>\nCash Disability Payments<\/strong><\/p>\nInsurance companies are obligated to make cash disability payments on a weekly basis to employees who have been unable to work due to an illness or injury that has lasted for more than seven days. The amount of benefits to which an injured worker is entitled cannot exceed the maximum that has been set by the state; this maximum is increased or decreased on an annual basis. The amount of cash disability benefits that an employee may be eligible to receive is calculated by taking two-thirds of the employee’s average weekly salary over the course of the previous year and multiplying that number by the percentage of disability that the injury has caused the injured worker.<\/p>\n
When an injured worker is able to return to work, but only at a job that does not pay as much as the employee was making prior to the accident, the worker may be eligible to receive weekly cash benefits that make up 2\/3 of the difference between the two wages. These benefits are paid out by the workers’ compensation insurance company.<\/p>\n
Certain injuries can leave a worker permanently unable to perform their job. An employee’s loss of earning power as a result of a permanent impairment of a body part as a result of a work-related injury is calculated using the State’s Schedule Loss of Use (SLU). This schedule was developed by the state. In the event that a worker suffers a permanent injury to their hearing, foot, toes, leg, fingers, hand, eyesight, arms, or arms, or if they suffer a serious disfigurement to their face, neck, or scalp, they are eligible to receive an SLU award.<\/p>\n
Employees are only eligible for an SLU award once they have reached their MMI, which is the point at which they have made the most medical progress. This indicates that the employee has 1) recovered from the injury to the greatest extent that is medically possible, 2) the treating physician has submitted a medical report to the Board stating that the employee has reached the MMI along with the employee’s percentage of disability, and 3) the employee, as a result of his or her work injury, has a permanent loss of function in the injured body part. The employee has met all three of these requirements in order to be deemed to have reached MMI.<\/p>\n
Statutes determine the amount of time over which an injured worker is eligible to receive cash disability payments on a weekly basis. This period of time can range from 15 weeks for the loss of a fourth finger all the way up to 312 weeks for the loss of an arm in its entirety.<\/p>\n
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Death Benefits<\/strong><\/p>\nEven though most workplace accidents can be avoided, there are still instances where an employee’s life is taken because of one. New York’s workers’ compensation law provides for weekly death benefits to the worker’s dependents in such cases. It’s not mandatory that every relative submit a claim for death benefits. These benefits are restricted by New York law to the spouse, children, and other members of the employee’s household who were financially dependent on the employee at the time of death.<\/p>\n
Death benefits are paid out each week at a rate of two-thirds of the deceased worker’s average weekly wage for the year prior to their death, up to the state’s maximum allowed per week.<\/p>\n
The family of a deceased employee may be eligible for weekly death benefits and up to $12,500 to cover funeral and burial costs in counties within the metropolitan New York area if the employee died on the job.<\/p>\n
\u00a0<\/strong><\/p>\nContact Workers\u2019 Compensation Attorneys in Brooklyn<\/strong><\/h3>\nSince the day we first opened our doors, the workers\u2019 compensation attorneys in Brooklyn at HURT-511 have exemplified our firm’s dedication to our community by assisting our\u00a0 clients in receiving the maximum monetary benefit to which they are legally entitled. We have a history of achieving outstanding results for our customers that we have built up over the course of many years.<\/p>\n
Our consultations are 100% free, and we don\u2019t charge you anything until we win your case. Call us today, chat with us live, or fill out our Free Case Evaluation Form.<\/p>\n","protected":false},"featured_media":4666,"parent":0,"menu_order":0,"template":"","class_list":["post-6749","location","type-location","status-publish","has-post-thumbnail","hentry"],"_links":{"self":[{"href":"https:\/\/hurt511.com\/ru\/wp-json\/wp\/v2\/location\/6749","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/hurt511.com\/ru\/wp-json\/wp\/v2\/location"}],"about":[{"href":"https:\/\/hurt511.com\/ru\/wp-json\/wp\/v2\/types\/location"}],"version-history":[{"count":0,"href":"https:\/\/hurt511.com\/ru\/wp-json\/wp\/v2\/location\/6749\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/hurt511.com\/ru\/wp-json\/wp\/v2\/media\/4666"}],"wp:attachment":[{"href":"https:\/\/hurt511.com\/ru\/wp-json\/wp\/v2\/media?parent=6749"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}