FAQs About Workers' Compensation in NY

Posted By Katz, Leidman, Freund & Herman || 19-Mar-2018

Were you injured in a work-related accident on Long Island, in New York City or anywhere else in New York? Or, are you suffering from an occupational disease? Either way, you’ll have questions regarding your rights under New York’s workers’ compensation laws.

To help you get a head start on the claims process, here’s a list of frequently asked questions and answers about workers’ compensation. If you have further questions, don’t hesitate to contact us directly to schedule a free case evaluation.

1. Can I file a claim if I’m at-fault for the accident?
Workers’ compensation is a no-fault system. Meaning, injured workers can receive benefits regardless if they are partially or entirely to blame for their injuries. However, workers cannot collect benefits if during the course of the accident they were under the influence of alcohol or drugs, or intentionally trying to harm themselves or someone else. Continued reading: “Can I Get Workers’ Comp if I’m At Fault?”

2. Do all disabilities qualify for benefits?
No, the only disabilities that qualify for benefits are those that arose out of the course of a worker’s employment or because of an occupational disease.

3. Can a worker receive medical care, even when they don’t file a claim?
Yes, medical care is still provided in the case of an accidental injury, even if the worker does not miss any work (or the worker misses less than eight days of work) and does not file a claim.

4. Are prescriptions covered?
Yes, medications and prescriptions are covered under the law.

5. Can my doctor proceed without the insurance carrier’s authorization?
Yes. If an insurance carrier withholds an authorization for more than 30 days without reason, the healthcare provider may elect to deliver the services for the claimant’s welfare.

6. Do I have to submit to a medical examination?
You’re injured and now your employer or their insurance carrier is asking you to have a medical examination. Do you have to submit to the exam? Yes, you do. If you refuse to submit to a medical exam, your workers’ compensation claim could be denied.

7. What if the insurance carrier denies my claim?
If the insurance carrier denies your claim, they must notify the New York State Workers’ Compensation Board within 18 days of the disability beginning, or within 10 days of learning about your accident, whichever is later. The denial will be resolved during a hearing or prehearing conference by a Workers’ Compensation Law Judge.

8. What does the law say about false claims?
If someone makes a false workers’ comp claim, they are breaking the law. When a worker lies about the circumstances surrounding their case to obtain benefits, they are guilty of a felony offense, punishable by fines, incarceration, and a criminal conviction.

Related: “How Disabled Are you?”

To learn more about filing a workers’ compensation claim on Long Island and throughout New York, contact Katz, Leidman, Freund & Herman.