A. ABSOLUTELY. In fact, in many cases the injured worker will receive a greater cash award if he/she loses minimal or even no time from work. There are certain injured parts of the body, such as arms, legs, hands and feet, as well as hearing & vision loss, that allow for impairment awards.

A. ALWAYS file a claim, notifying your job and seeing a doctor immediately, because you never know what medical problems can develop as a result of an apparently minor injury. You need to protect your future rights to monetary benefits and medical treatment. You may be due an award for even a minor injury!

A. NEVER try to represent yourself in any legal action. Attorneys are trained in their stated fields and nothing could be more important than to have an experienced legal team to assist and guide the injured worker. The insurance companies are NOT in business to pay an injured worker his/her full benefits and will never act in the best interests of the injured worker.

A. SOMETIMES under certain circumstances, an injured worker can apply for unemployment or state disability benefits. Each case must be viewed individually. However, when a worker is deemed partially disabled and unable to do his particular job, yet able to perform light duty work which is not available, he/she may apply for unemployment benefits. The injured worker may also collect a partial payment from workers’ compensation. Also, an injured worker should file a New York State disability benefits claim when the workers’ compensation insurance company denies the claim as being work-related, pending a final determination by the Workers’ Compensation Board.

A. The worker may lose his/her right to benefits and medical care.

A. Yes. If medical care is necessary, it will be provided even though there has been no lost time from work and no cash benefits paid.

A. DEFINITELY. If the injured worker remains disabled or is expected to remain disabled for at least 12 months, then a claim for SSDB should be filed. If approved, the monthly SSDB payment will supplement the weekly workers’ compensation payments. The Social Security Administration may adjust the monthly benefit depending upon the weekly compensation amount.

A. ALL physicians and chiropractors who accept workers’ compensation can treat an injured worker. Initially, any hospital will accept the patient on an emergency basis but follow-up care should be with the WC Board approved doctor. The injured worker should see his/her doctor at least once per month for any period of time he/she claims to be disabled and unable to work in order to prove the disability status to the WC Board and be paid for the lost of wages.

A. YES. In fact, many claims for benefits arise from injury or illness caused or aggravated by the nature of the occupation. The more obvious cases include a computer keyboard operator who develops carpal tunnel syndrome in the hands, an asbestos handler who suffers from a respiratory disease, or a machine operator who suffers hearing loss. However, a home care attendant, a delivery person or construction worker can develop a low back disorder from repetitive heavy lifting and carrying while working over a period of time. Another example is a carpet installer who injures his/her knees due to the nature of the occupation. These are all valid claims as long as there is supporting medical proof that they were caused, aggravated or developed while working.

A. NO. There are essentially no costs to the injured worker. All necessary medical treatment is paid by the workers’ compensation insurance company. No co-payments should be paid by the injured worker. Any test or procedure costing more than $1000 needs pre-approval and, of course, ordinary treatment or therapy privileges should not be abused. The worker is entitled to reimbursement for his/her “reasonable” expenses for medications and travel for treatment visits. Additionally, an injured worker is not permitted to pay a lawyer directly for legal services. Instead, any attorney’s fee must be approved by a WC Law Judge first and deducted from an award to the injured worker only if an award is obtained. Otherwise, no fees are payable.