Faq – General Questions

Please visit our Medical Treatment Guidelines page for FAQ regarding the new guidelines.

What is Workers Compensation?

  • Workers Compensation is an insurance paid to injured workers by your employer, that provides cash benefits and medical care if you become disabled because of an injury or illness related to your job. All employees are entitled to Workers’ Compensation.

What kinds of injuries are covered by Workers’ Compensation?

  • All injuries causally related to your job, including occupational diseases.

What kinds of jobs are covered by Workers Compensation?

  • All jobs are covered except for NYC Police Officers, NYC Firefighters and NYC teachers.

What should I do when I have an accident?

  • Notify your employer within 30 days and then see a Doctor. It is strongly recommended that you contact us, or another worker’s compensation firm.

When will my weekly worker’s compensation benefits begin?

  • Once your employer has filed an accident report with their insurance company and your doctor files a report saying you are currently disabled from work.

Are heart attacks and strokes covered by Workers Compensation?

  • Yes, if your work activities caused or contributed to the condition.

Should I talk to insurance company “nurse case managers”, claims examiners or investigators?

  • No. You should refer them to your attorney’s office.

Can a nurse case manager from the insurance company come with me to see my own doctor?

  • A nurse case manager can only accompany you if you or your lawyer grant permission.

Can I be fired for filing a claim?

  • No, it is illegal for your employer to fire you for filing a claim. If they do, you can file a discrimination case with the Workers Compensation Board.

Can I choose my own doctor?

  • Yes, as long as he or she is coded by the Workers Compensation Board. Please call our office for a list of Compensation Doctors near you.

Can I get worker’s compensation even if I work off the books?

  • Yes.

I am in this country illegally. Do I still qualify for worker’s compensation?

  • Yes.

Will worker’s compensation affect my immigration status?

  • No.

Can I receive a monetary award even if I did not lose time from work?

  • Yes. An injured worker is entitled to a cash award for an injury to an arm, leg, hand or foot as well as vision and hearing loss even if you did not lose time from work. You are also entitled to a cash award for a facial disfigurement.

Do I have to tell my boss about my accident?

  • Yes, you must tell your boss or employer about your accident within 30 days of the date of accident in order ot qualify for worker’s compensation.

Do I need to notify my employer of my accident in writing?

  • No, although its preferred, it is not required. You may notify your employer or boss orally.

Do I need an attorney?

  • In most circumstances, it is advisable that you retain an attorney. Please contact our office for a free consultation.

How much does an attorney charge?

  • Attorneys do not charge but are awarded a fee by the judge out of the injured workers benefits, only if the attorney is successful in obtaining compensation. There are no out of pocket expenses for legal representation.

How long do I have to file a Workers Compensation Claim?

  • You have 30 days from the date of injury or two years from the date of the accident. This statute of limitations has been extended for 911 workers and those who suffer from occupational diseases.

How long do I have to work for my employer to be covered by Workers Compensation?

  • You are entitled to coverage as of the first day of the job.

How much does Workers Compensation pay?

  • How much a worker receives in worker’s compensation benefits is determined by the average weekly salary for one year prior to the date of injury and the worker’s current degree of disability.

Is an injury or damage to the lungs covered by Workers Compensation?

  • Yes, if caused by conditions on the job such as, but not limited to, diseases caused by asbestos or 9-11.

Is hearing loss covered by Workers’ Compensation?

  • Yes. However, you must be removed from noise exposure for 6 months.

Is treatment by a chiropractor covered by Workers Compensation?

  • Yes.

Must I sign medical releases requested by the insurance company?

  • Yes, but only to release medicals for treatment related to your accident.

What are workers’ compensation death benefits?

  • If you or a family member is killed on the job, the decedent’s dependents are entitled to weekly benefits.

What if I have a pre-existing injury?

  • You are still entitled to benefits for the injury caused by your accident on the job.

Who will pay my medical bills?

  • The worker’s compensation insurance carrier for your employer covers all causally related medical bills.

Will I have to go to court?

  • It is likely that you will have to attend at least one hearing.

Am I entitled to reimbursement for my transportation to and from my doctor’s office?

  • The injured worker is entitled to reimbursement for their travel expenses related to their occupational trauma. This includes but is not limited to travel to and from the doctor’s office, physical therapy, chiropractor, x-rays, MRI scans, and for evaluations by the Employer/Carrier’s medical consultant. The current mileage reimbursement rate is 55 cents per mile.

What if I need medical care after my claim is resolved?

  • Unless your case is permanently closed under Section 32 of the Workers Compensation Code, you have the right to life time medical care and can reopen your claim with the proper medical report.

What are Medical Treatment Guidelines?

  • The Medical Treatment Guidelines are evidence based standards of care and best practices for the medical treatment of work related injuries.

Are the Medical Treatment Guidelines mandatory?

  • Use of the Guidelines is mandatory for treatment rendered to the mid and low back, the knee, the shoulder and the neck for dates of service on or after December 1, 2010, regardless of the date of injury.

Do the Medical Treatment Guidelines apply to all work related injuries and illnesses?

  • The Guidelines apply only to medical treatment to the mid and low back, the knee, the shoulder and the neck.

Do the Guidelines have to be adhered to if the injured worker needs emergency treatment?

  • The Treatment Guidelines do not have to be adhered to if emergent medical care is necessary.

Where can I obtain additional information about worker’s compensation?

  • By contacting our office at (212) 966-3730, or visiting us for a free consultation at:
    2 Rector Street, suite 2102
    New York, NY 10006