Category Archives: workers comp basics

Can I Collect Social Security, A Pension AND Workers' Comp?

Today’s post comes from guest author Matthew Funk from Pasternack Tilker Ziegler Walsh Stanton & Romano.

QUESTION: IF I AM GETTING SOCIAL SECURITY DISABILITY (SSD) AS WELL AS A PENSION DOES THAT MEAN I CANNOT GET WORKERS’ COMPENSATION AS WELL?

ANSWER: YOU CAN GET STILL GET WORKERS’ COMPENSATION WHEN YOU ARE RECEIVING A PENSION AND SSD.

At 55, Joe was a walking museum of every accident he had ever had in his 30 years of working the job. That last accident put him out of work for almost two years. Luckily, he filed all the paperwork, submitted all the forms, crossed all his ‘Ts’ and received Social Security Disability (SSD).

But after three decades of hard work, Joe had had enough and so he started the paperwork to retire. But he was worried. He had planned on applying for Workers’ Compensation, but he wasn’t sure he’d could since he was already on SSD and about to receive his pension. What should he do?

File, Joe! File!! The combination of Workers’ Compensation, Social Security Disability and a pension is called the Trifecta, a Triple Crown of benefits, so to speak. Continue reading

Monday Workers’ Compensation Q&A: My employer paid my salary, do I still have to file a claim?

Today’s post comes from guest author Matthew Funk from Pasternack Tilker Ziegler Walsh Stanton & Romano.

QUESTION: MY EMPLOYER PAID MY SALARY WHILE I WAS INJURED AND OUT OF WORK. DO I STILL HAVE TO FILE A WORKERS’ COMPENSATION CLAIM?

ANSWER: THERE IS MORE TO A CLAIM THEN PAYMENT WHILE OUT OF WORK ?

Joe’s boss, Mike was a great guy. In fact, when Joe got badly hurt at work and was out for weeks, Mike paid Joe’s salary every week. When Joe got back to work, he hesitated filing a Workers’ Compensation Claim. After all, Mike had paid his salary the weeks he was out. And Joe didn’t want to appear ungrateful or greedy. What should he do?

File, Joe!! File!!!

If Mike drew Joe’s salary paid from Joe’s accrued sick or vacation time, Joe would not get that time back unless he filed a claim. That means the eight weeks of vacation and sick time Joe had coming to him had been put toward the time he spent recuperating at home. Unless Joe submitted a claim, he’d have to start from scratch to build up vacation and sick time.

“Aside from the monetary award, there is lifetime medical coverage for a Workers’ Compensation Claim.”

The payment of wages is only a small portion of a Workers’ Compensation Claim and NOT the only thing Joe is entitled to. In an earlier column, an injured worker can make a claim for a schedule loss of use if an extremity is injured even if salary was paid.

More importantly, Continue reading

Do I Need To Report My Accident Within 24 Hours?

Today’s post comes from guest author Matthew Funk from Pasternack Tilker Ziegler Walsh Stanton & Romano.

QUESTION: I DID NOT TELL MY BOSS WITHIN 24 HOURS ABOUT THE ACCIDENT I HAD AT WORK. DOES THIS MEAN I CANNOT COLLECT WORKERS COMP?

ANSWER: THERE IS NO 24-HOUR REPORTING REQUIREMENT UNDER THE COMPENSATION LAW

Joe was working on one of the old boilers at the old Jefferson High School when he tripped over a wrench. Banged up his knee pretty bad. After the ER visit, the X-rays, the knee brace, and the really good painkillers, Joe went back to work intending to let his boss know of his injury and to file Workers Comp paperwork. But one thing led to another and it wasn’t until three days later that Joe remembered he hadn’t told his boss or had filed any paperwork. Joe panicked.

Wasn’t there a rule that in order to file a Workers Comp claim, you had to have told your boss within 24 hours of the accident? That ER bill was steep and paying out of pocket would really blow his already-stretched paycheck. Joe was so pissed he would have kicked the wall if his knee didn’t hurt so much.

Don’t give up, Joe! File, Joe!! File!!

An injured worker does not have to notify his or her employer within 24 hours to collect benefits under the Workers Compensation Law. He or she may have to notify an employer within 24 hours to make sure they are entitled to certain benefits from the employer or their union. BUT the Compensation Law is different. It requires that notice of the injury be provided within 30 day of the accident. This notice can be provided orally or in writing. Keep in mind it is ALWAYS better to Continue reading

When Is It Time To See The Doctor?

Today’s post comes from guest author Matthew Funk from Pasternack Tilker Ziegler Walsh Stanton & Romano.

Putting off seeing medical care is commonplace for chronic medical conditions. Under the Workers’ Compensation Law there is no timeframe for a claimant to see a medical provider. There is nothing in the law that requires a worker to see his doctor within 24 hours or 30 days of the accident. However, the sooner an injured worker sees a doctor, the better, especially if that worker is losing time from work because of the accident. A Law Judge will only grant awards for lost time that is backed up by medical reports.

That means if a member is out of work for three weeks before they go to a doctor, it is possible that Workers’ Compensation benefits might not be paid during that time period. In order for a claim to be successful in this situation the report that the doctor submits must have several things on it:

  • It must contain the history of the accident,
  • diagnoses a condition,
  • explain how the condition is related to the on the job incident, and;
  • comment on disability.

Disability is an essential component that must be on the reports. Without an opinion on disability, there is no evidence to dispute what the carrier doctors submit to the NY Workers’ Compensation Board.

Physicians are required to submit to the Workers’ Compensation Board (WCB) complete and thorough reports. The sooner that you see a doctor and have a report sent to the WCB the better for you and your case.

Monday Workers' Comp Q&A: Does going back to work ruin my case?

Today’s post comes from guest author Todd Jones from Pasternack Tilker Ziegler Walsh Stanton & Romano.

QUESTION: DOES GOING BACK TO WORK RUIN MY CASE?

ANSWER: Not at all!

This question comes up a lot in Workers’ Compensation cases. When someone is injured they have to balance their personal and professional obligations while including their injury as a new variable.

This is completely understandable. Oftentimes people want to try to get back to work but are not sure if their body will hold up. This uncertainty can cast a shadow over everything a person has to consider when they have a work injury.

First and foremost you should speak to your doctor and find out what you are physically capable of. While your injury may be improving, you may not be able to return at 100%.

If your doctor clears you to return to work Continue reading