5 THINGS TO DO WHEN INJURED AT WORK
1) REPORT THE ACCIDENT TO A SUPERVISOR
2) FILE ACCIDENT REPORT
- It is important to report the accident as soon as possible and to document your injuries.
3) GET A WORKER’S COMP CLAIM #
Find out who the workers compensation insurance carrier is and get a claim number.
You will need this claim number for your doctors and all medical providers including prescription medication.
4) GET MEDICAL TREATMENT
- Get medical treatment for your injuries.
- If you are injured, make sure you follow up with your doctor or hospital.
- Failure to do so could result in the insurance company denying your claim down the road.
5) CONSULT AN ATTORNEY
- It is important to know your legal rights!
- Worker’s Compensation Law is a very specialized area of the law with its own set of rules, it’s own courts and own Judges.
- It is important to consult with an attorney who knows these laws.
New York has had a no–fault workers’ compensation system for nearly a century. Before enactment of the Workers’ Compensation Law, when a worker was injured, the only remedy was to sue in the courts. When that happened, the employer could always raise an objection that the worker had assumed the risk of employment, or the injury was caused by the worker’s negligence or that of another worker.
Today, the workers’ compensation system guarantees both medical care and weekly cash benefits to people who are injured on the job. Weekly cash benefits and medical care are paid by the employer’s insurance carrier, as directed by the Workers’ Compensation Board. Employers pay for this insurance, and may not require the employee to contribute to the cost of compensation.
New York can trace its workers’ compensation system back almost a full century and to a tragic fire at the Triangle Shirtwaist Factory in New York City. In that incident, 146 people died–mostly women, some as young as twelve. It was the greatest workplace disaster in New York until the attack on the World Trade Center on September 11. The fire galvanized labor and led to many reforms in safety, health, and labor laws. More to the point, it helped lead to the workers’ compensation system both here in New York and across the country.
New York’s Workers’ Compensation law pre–dates Social Security and Prohibition. It is a law that needs to be revisited to keep up with the times. In 2007 the state of New York, in close partnership with labor and the business community, adopted a sweeping workers’ compensation reform measure. Since then, benefits have increased while costs have decreased; injured workers are getting benefits faster; and fraud is being rooted out.