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The attorneys at Castiglia-Rubinstein & Associates are among the top Workers Compensation attorneys in all of Suffolk, Nassau, Queens, Brooklyn, Staten Island, and the Bronx, in New York. If you are facing disability in New York, we can help you complete your Workers Comp. claim.

Workers’ compensation insurance is an insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of injury sustained on their job.

Employers pay for this insurance, and cannot require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. The Workers’ Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and or medical care, and the amounts payable.

to workers’ compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.

A claim is paid if:

In a workers’ compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers’ compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not a job-related injury then he or she may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers’ compensation awards.

Workers’ compensation is insurance that provides cash benefits and/or medical care for workers who are injured or become ill as a direct result of their job.

Employers pay for this insurance, and shall not require the employee to contribute to the cost of compensation. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. The Workers’ Compensation Board is a state agency that processes the claims. If Board intervention is necessary, it will determine whether that insurer will reimburse for cash benefits and/or medical care, and the amounts payable.

 

In a workers’ compensation case, no one party is determined to be at fault. The amount that a claimant receives is not decreased by his/her carelessness, nor increased by an employer’s fault. However, a worker loses his/her right to workers’ compensation if the injury results solely from his or her intoxication from drugs or alcohol, or from the intent to injure him/herself or someone else.

 

A claim is paid if the employer or insurance carrier agrees that the injury or illness is work-related. If the employer or insurance carrier disputes the claim, no cash benefits are paid until the workers’ compensation law judge decides who is right. If a worker is not receiving benefits because the employer or insurance carrier is arguing that the injury is not job-related, he or she may be eligible for disability benefits in the meantime. Any payments made under the Disability Program, however, will be subtracted from future workers’ compensation awards.

 

If you can return to work but your injury prevents you from earning the same wages you once did, you may be entitled to a benefit that will make up two-thirds of the difference. You may also return to work in light or alternate duty before you are fully healed.

 

Immediately

The worker obtains the necessary medical treatment and notifies his/her supervisor about the accident and how it occurred.

The employee notifies the employer of the accident in writing, as soon as possible, but within 30 days.

The employee files a claim with the Board on Form Employee Claim (form C-3) by mailing the form to the appropriate Board District Office. This must be done within two years of the accident, or within two years after the employee knew or should have known, that the injury was related to employment.

Within 48 hours of the accident

The doctor completes a preliminary medical report on Form Doctor’s Initial Report (form C-4) and mails it to the appropriate District Office. Copies must also be sent to the employer or its insurance carrier, the injured worker, and his/her representative, if any.

Within 10 days of notification of the accident

The employer reports the injury to the Board and the insurance company.

Within 14 days of receipt of Form Employer’s Report of Work-Related Injury/Illness

The insurer provides the injured worker with a written statement of his/her rights under the law. This must be done within 14 days after receipt of the Employer’s Report of Work-Related Injury/Illness from the employer or with the first check, whichever is earlier. In addition, if the insurer requires claimants to use a network it has contracted with to obtain diagnostic tests, it must notify the claimant of the name and contact information for the network at the same time it sends the written statement of his/her rights or immediately if that time has passed.

Within 18 days of receipt of Form Employer’s Report of Work-Related Injury/Illness

The insurer begins the payment of benefits if lost time exceeds seven days. If the claim is being disputed, the insurer must inform the Workers’ Compensation Board (and the claimant and his/her representative, if any). If payment is not being made for specific reasons stated on the notice (e.g. that there is no lost time or that the duration of the disability is less than the 7-day waiting period), the insurer must also notify all the parties.

The insurer notifies the Board indicating either that payment has begun or the reasons why payments are not being made. If the employee does not notify the employer timely, this notice may be filed within 10 days of learning of the accident.

Every 2 weeks

The insurer continues to make payments of benefits to the injured employee (if the case is not being disputed). The carrier must notify the Board when compensation is stopped or modified.

Every 45 days

The doctor submits progress reports on Form Doctor’s Progress Report (C-4.2) to the Board.

After 12 weeks

The insurer considers the necessity of rehabilitation treatment for the injured employee.

Failure to file a claim or give the employer notice may result in the loss of rights to compensation

In the aftermath of an on-the-job accident, even the hardest working person may find it impossible to get up and go back to work on his or her own strength. That’s why our state makes sure that employers provide workers’ compensation, which provides money and benefits to injured employees. These benefits replace the income that is lost when you are unable to work and help you heal as completely and as quickly as possible.

 

Without workers’ compensation benefits, the cost of recovery and lost wages from being unable to work can fall squarely on your shoulders with no assistance from insurance providers.

 

Whether you apply for Workers Compensation, Social Security or SSI disability, we ask you for information about your medical condition, work and education history to help us decide if you are disabled under certain Disability rules and guidelines.

 

Talk to a Workers Compensation Attorney Today at the Law Offices of Castiglia-Rubinstein & Associates

We are dedicated to your success — so contact us. Speak with one of our knowledgeable Long Island Workers Compensation SSD & SSI attorneys and Workers Comp. SSD & SSI Litigation attorneys today from wherever you are in New York in Nassau and Suffolk, Brooklyn, Kings and Queens Counties, on Long Island and all New York City boroughs.

Call 1-800-960-1529 today

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