Workers' Compensation is insurance, paid for by the employer, that provides cash benefits and medical care for workers who require medical care or become disabled because of a job-related injury, sickness or occupational disease. Some employers are self-insured.
What About Medical Care?
- You are free to choose any doctor authorized by the Workers' Compensation Board, unless your employer is participating in the New York State Managed Care for Workers' Compensation Pilot Program.
- You do not pay the doctor. The doctor is paid by your employer or his insurance carrier.
Will I Get Any Cash Compensation?
Yes, If you're totally or even partially disabled, you may receive as much as two-thirds of your average weekly wage. Under present tax laws these payments are tax free.
Injuries to certain parts of the body may entitle you to a substantial cash award, even without the loss of a single day from work. But failure by your treating physician to file a "C-4" (medical report) with the Workers' Compensation Board and your employer, or it's insurance carrier, may delay payments.
What About Death Benefits?
If a worker dies from a compensable injury or illness, the surviving wife, husband or dependents are entitled to weekly cash benefits under the Law. Funeral expenses are payable, in whole or in part, depending on the amount of the bill.
Steps to Obtain Coverage
- Obtain emergency medical treatment, if needed.
- Note the location of the accident site and names of witnesses.
- Report the accident to your supervisor. If required, file an accident or incident report.
- Place yourself under the care of a medical practitioner who treats Workers' Compensation cases.
- Contact the CSEA Workers' Compensation Legal Assistance Program at (800) 342-4146 for help in preparing and filling your claim with the Workers'
- Compensation Board. When you call, be sure to have answers for the Intake Form as appears below:
CSEA Workers' Compensation Legal Assistance Program Intake Form
- HOME PHONE
- WORK PHONE
- SS #
- BIRTH DATE
- ACCIDENT DATE
- DETAILS OF ACCIDENT
- ADDRESS OF ACCIDENT
- PARTS OF BODY INJURED
- NAME OF EMPLOYER
- EMPLOYER'S ADDRESS
- CSEA LOCAL/UNIT #
- WITNESSES TO ACCIDENT
- TIME LOST FROM WORK
- SALARY OR BENEFITS RECEIVED
- DURING ABSENCE
- WEEKLY PRE-TAX SALARY
- JOB TITLE
- ADDITIONAL EMPLOYERS
- W.C.B. # ON FILED CLAIM
- INSURANCE COMPANY AND CASE #
- NAME/ADDRESS OF REPRESENTATIVE
- HEARINGS TO DATE IN THIS MATTER
Who is Eligible
With few exceptions, nearly all workers in this State are covered. In addition, nearly all organized volunteers, such as members of volunteer fire and ambulance corps are covered.
How to File a Claim
- Report yours within 30 days of accident
- Obtain Board Form C-3, Employee's Claim for Compensation, from CSEA Workers' Compensation Legal Assistance Program by calling CSEA Headquarters during normal business hours, 8 a.m. - 5 p.m., M-F, at (800) 342-4146, and follow the menu instructions for the Workers' Compensation Legal Assistance Program.