QA Workers Comp

Workers' Compensation Questions & Answers

Q. What do I do after I am injured in an accident?

A. First, get immediate medical attention. Depending on how bad the accident is, you should go to a doctor, clinic or emergency room right away. If you are badly hurt, have someone call an ambulance.

Q. What should I do if I was injured at work?

A. If you are injured at work, you are probably entitled to workers' compensation benefits. You must report the accident to your supervisor, as soon as possible, and request that an accident report be completed. Remember to seek immediate medical attention for your injury. If the injury is serious and you are unable to immediately notify your supervisor, you may still seek workers' compensation benefits, in most cases.

Under New York State Law, all essential medical care must be paid for by your employer or their insurance company. Once you have received medical attention, you should file a claim for workers' compensation benefits with the New York State Workers' Compensation Board. You do this by filing the required form, called a "Form C-3 Employee's Claim for Compensation Benefits." This C-3 form can be obtained from your local Workers' Compensation Board office, by calling our office or from the Board's website at www.wcb.state.ny.us. If you retain us as your attorneys, we will help you complete the C-3 form and file it with the Workers' Compensation Board on your behalf.

Q. What benefits am I entitled to?

A. You will be entitled to have all of your accident- related medical bills paid by your employer's insurance carrier. You are also entitled to a wage replacement benefit which is 2/3 of your "average weekly wage" up to the maximum weekly benefit.

Q. What is the maximum weekly benefit I can obtain for lost wages?

A. The maximum weekly benefit you can obtain is 2/3 of your average weekly wage tax-free, up to a maximum of $400 per week for those employees who were injured or disable prior to July 1, 2007. After July 1, 2007, the state has increased the benefits as follows:

Up to $500 a week for an accident or disablement that occurs on or after July 1, 2007
Up to $550 a week for an accident or disablement that occurs on or after July 1, 2008
Up to $600 a week for an accident or disablement that occurs on or after July 1, 2009

Q. If my employer's insurance carrier has already paid me for my lost time wages and covered my medical expenses am I still entitled to benefits?

A. Yes. You may be entitled to a cash award called a "schedule loss of use award" (SLU) if you permanently injured an extremity (fingers, hands, arms, toes, feet, legs, eyes or ears.)

Q. What is an SLU award?

A. It is a monetary award that may be made to a worker who has injured an extremity and has been determined by a physician to have reached maximum medical improvement. The physician will then determine whether the injured worker has limited use of their extremity and then assign a percentage of limitation. The higher your percentage of limitation, the more money you are likely to receive.

Q. What if I am unable to return to work at all, or I returned to work, but I am now making less because of my injury?

A. In this case, you may be entitled to an award for either a "Permanent Partial Disability" (PPD) or a "Permanent Total Disability" (PTD.) This occurs when an injured worker undergoes months or years of failed medical treatment and is unable to recover from their injury.

A Permanent Partial Disability is an award determined when a treating physician determines that an injured worker is permanently disabled from their job but not totally disabled from working any job. A Permanent Partial Disability entitles the injured worker from receiving weekly benefits for a fixed time period. A Permanent Total Disability occurs when a physician determines that an injured worker is disabled from working any job and entitles the injured worker to weekly benefits for the rest of their life. The higher the level of disability, the more money you are likely to receive.