If a person gets injured at work, he or she always needs toreport the injury or the accident within 30 days in written form, whether timefrom work is lost or not. The time a claim can be made is also limited by lawto two years from the date of injury. If one does not do so in theaforementioned time span, the claim may be jeopardized. If a person getsinjured from a series of events over time or from some sort of repetitiveactivity, such as carpal tunnel syndrome, the injury needs to be reported assoon as the person becomes aware that the medical condition may be related toher or his work activities. A person also needs to file a claim so that her orhis rights remain protected. In New York State, attorneys experienced indealing with claims are known for protecting the insurance companies by lookingfor various types of technicalities which are based on failure to do certainthings which may be responsible from complications and denials of the person’sclaim. The attorneys also represent the workers’ compensation insurancecarriers.
How it all works
The workers’ compensation system provides the medicalcoverage for all injuries associated with a person’s work activities and italso compensates all injured workers for the time they lose from work. It isimportant to understand that the person does not sue the employer. He or shefiles a claim with the workers compensation board. The doctors need to havecomplete history of injuries at work so that they can give absolutely cleardiagnosis and opinion on the given situation and medical condition. All changesneed to be reported to the doctor, and everything should always be explainedwith as many details as possible. The doctor needs to have a clarifiedsituation in front of him so that it can be determined that the injuries arecompletely related to the work activities. Incomplete medical reports may leadto denied or delayed claims. If there are any problems with the medical report,the insurance carrier may decide to deny the claim.
New York State
The benefits for the time lost from work do not exceed twothirds of the person’s average weekly wage and they also do not exceed morethan $500 per week. This goes fortotally disabled. The only change in the rule for those who are partiallydisabled is that they can have benefits which are between ½ and 1/6 of theiraverage weekly wage. Social security disability is a federal program whichdeals with disability benefits to all those who have enough credits in theSocial Security system and all those who are disabled due to any seriousmedical condition.