FAQs on Workers' Compensation
Mar 29, 2004 12:37 PM
Q: How do I file a claim?
A: Tell your supervisor that you hurt yourself, immediately, and fill out an accident report. See a doctor as soon as possible or go to the emergency room in emergencies and make sure to tell the person seeing you that your problem is work related. Fill out the C-3 form to start a WC claim, this form goes to the WC Board which will then issue to you a WCB#. Q: What are the Forms needed to file for Compensation?
A: There are internal DOE forms: Accident Report; WCD23; OP-198; OP-200. The NYSWC forms are: C-2; C-3; C-4 (see Workers’ Compensation Forms).
Q: Do I have to Miss Days from Work to File?
A: No, you do not have to lose any day from work to file for WC - notify your supervisor immediately about injury and fill out the accident report as well as the C-3 form.
Q: Where can I get help in filing for Workers’ Compensation?
A: Call the Workers’ Compensation project at the UFT at
(212) 510-6460. You will get guidance thru the WC process, referrals will also be made as well.
Q: Can I go to any doctor?
A: You should go to a workers’ compensation authorized physician, one who has the experience and will ask question about your injury and how it relates to your job. Your doctor must be willing to testify at WC hearings. Contact your union who will assist in making referrals. You may also call (800) 781-2362 for a listing of WC doctors. (The pyhsician must fill out and submit the WC C-4 form).
Q: Do I need a lawyer to file for Workers’ Compensation?
A: No, you can file a claim on your own, but legal representation is recommended. You do not need to pay a lawyer’s fee when you win your case, a WC judge decides what fee should be paid to lawyer out of your award. Again, your union can assist in making referrals. The union has a special arrangement with a large reputable WC legal firm and our members receive special attention.
Q: What is an Occupational Disease?
A: A disease that is caused or partly caused by the specific type of job you do. For example, lead causes lead poisoning; asbestos dust causes mesothelioma; repetitive arm motion can cause tendonitis or carpal tunnel syndrome. An occupational disease may take years to develop.
Q: Can I file for WC for an Occupational Disease?
A: Yes, medical documentation must show correlation between injury and job related tasks. Doctor should be familiar with occupational disease. Q: What is a Workers’ Compensation Hearing?
A: A chance to go before a judge at the Workers’ Compensation Board. (However, workers are not generally required to speak at these hearings, if they are represented).
Q: What is "Independent Medical Evaluation" IME?
A: The insurance company usually has the right to require you to go to their doctor for an evaluation (not treatment). This is called an IME, but it is not really "independent" because it is the insurance company’s doctor. Q: How do Workers’ Compensation & Disability differ?
Tell your doctor and legal representative as soon as you get the appointment. (In rare cases, you do not have to go; consult your attorney).
Women: have the right to be examined by a female doctor or to bring a female to the examination.
It is critical to see your doctor after the IME appointment and before your next hearing.
A: New York State Disability is generally for off-the-job injury or illness. Many benefits you need are not covered by disability. (There is an exception: If you have received a written rejection of your WC claim from the insurance carrier, and you have been disable from working for more than five days, you may apply for NYS Disability Benefits and you may continue to pursue your WC claim, at the same time.
