FAQs on Workers' Compensation
Mar 29, 2004 12:37 PM
Workers’ Compensation is a form of insurance, paid for in advance by your employer, which entitles you to full medical coverage, and part of your salary, for job-related injuries and illnesses.
Q: What does WC provides?
A: Workers’ Compensation benefits can provide urgently needed financial support to workers and their families - payments are made when a worker is injured, made sick or killed on the job.
Q: Why file for Workers’ Compensation?
A: There are 9 good reasons to file:
1. It is the only way to ensure that your rights and long term benefits will be protected in the likelihood of a work related injury.
2. By law, WC is your employer’s insurance company’s responsibility. The premiums have already been paid.
3. You don’t have to stop working to receive full medical benefits.
4. Unlike health insurance, your WC payments and medical care may continue even if you get a new job, retire, or leave the state. And, if you can never return to work, benefits can continue for life.
5. You are entitled to WC no matter whose fault the injury/illness was. (Exception: where injury is due solely to intoxication from alcohol or controlled substance or by willful intention of the injured employee to harm oneself or another).
6. If you use up sick leave because of your injury, you may get it "reimbursed" to you when you file WC.
7. You generally cannot sue your employer for job-related injuries.
8. Your injury may occur again (especially back injuries) and if your case wasn’t established the first time, you may have difficulty getting benefits.
9. You may be eligible for additional monies which are only available if you file for WC.
Q: What are the basic benefits?
A: Benefits can include: All medical expenses even if you do not lose any time from work (tests, hospitals, medicines, physical therapy, equipment, and even a home care attendant if essential, and transportation cost to doctors. Temporary benefits if you lose wages. These are about 2/3 of your gross wages (capped at $400/week). Additional money if you have permanent damage to a limb or facial scars or loss of hearing or eyesight.
Q: Who are the UFT members covered by WC today?
A: Most full-time and part-time workers in the state are covered - Paraprofessionals, Lab Specialists, Nurses, Vocational Teachers, Occupational and Physical Therapists are covered while teachers are covered under injury in the line of duty.
Q: When/How are you covered?
A: You are covered whenever you are on school property. If you are out of work 7 days or less, no benefits are paid for lost wages but your medical costs will be covered. But the 7 days do not have to be consecutive days of absence. They can accumulate over time. Your eligibility for loss wages begins the 8th day. If your doctor keeps you out of work for 15 days or more your wages payments will be retroactive to day one. If you are a DOE employee there is a form (OP198) that can be submitted to cover the first 5 consecutive days that you are absent.
Q: When should I file a claim?
A: Under the law you have 30 days to report the incident to your employer, but you should report any incident immediately. The DOE policy is to report in 24 - 48 hours, however Workers' Compensation law permits reporting in 30 days and 2 years to file a claim with the New York State Workers' Compensation Board - there are however exceptions to these deadlines so, file your injury report immediately. Consult a WC Attorney!
