April 2020
www.workersworldtoday.com
13
Workers’ Safety
Workers’ Compensation: Things the Employees Need to Know BY LEON M. KELLY
T
here are potential hazards associated with working in high-risk occupations (construction labor, heavy machinery operations, electrical powerline installation, etc.) that demand constant physical exertion and/or exposure to chemicals. In such occupations, workers often suffer injuries, have accidents, or become ill from diseases due to overexposure to harmful chemicals. Accidents, injuries, and diseases from job-related tasks will likely require the employer to compensate the employee for lost wages and medical expenses. To be eligible for workers’ compensation, the employee must seek immediate and appropriate medical attention, notify the employer of the injury, accident, or occupational disease, and file a timely claim with the Workers’ Compensation Board.
All employees who suffer work-related injuries must get the appropriate medical assistance immediately following their injuries or accidents. All areas affected by the injury must be documented and explained in detail. The Workers’ Compensation Board has medical providers whom it has authorized to provide care to the injured parties. The employer must provide its employees with such a list. Using any party not on the list may result in the employees having to pay their medical expenses incurred at the time of treatment. Employees are exempt from having to use a Board-approved medical provider only in emergencies. Notifying the employer of the injury is a must. According to the New York State Workers’ Compensation Board’s website, injured employees must notify their “supervisor about the injury and the way
in which it occurred, as soon as possible.” This is an important step, as failing to do so could again result in the workers having to pay their medical expenses and losing “the right to workers’ compensation benefits.” Employees filing workers’ compensation claims must file their claims promptly on Form Employee Claim (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.” Seeking immediate medical attention from authorized medical providers, notifying the employer of the injury, and filing a timely claim are required if employees want to be successful in their claims for workers’ compensation. The extent of all injuries should be documented by the person
providing medical attention. It is up to the employees to state all injuries upfront. The guidelines must be followed for employees to collect workers compensation benefits from the employer.p Leon M. Kelly is a student in the Chamber Coalition Paralegal Certificate Program. For details about this program, please visit www.freeparalegal.org Read more at www.311personalinjury.com
NY WORKERS’ COMPENSATION Are you working? Have you been injured on the job? Was it a serious injury as defined under NY Workers’ Compensation Law? If yes, then call Figeroux & Associates for a FREE Consultation at 718-222-3155.
Why Should I Hire A Lawyer? In addition to being eligible for workers' compensation, you may also have a claim against a party other than your employer. That is why it is so important to seek assistance from our experienced team.
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Find Out What Our Firm Can Do For You The Law Firm of Figeroux & Associates. Call us at 718-222-3155.