Скачать или смотреть NY Workers' Comp - The Players

Getting hurt at work is intimidating. But so long as you stay cool and know what’s expected of you, your employer and the Workers’ Compensation insurance carrier, everything will probably work out fine.

New York Workers’ Compensation home page:
http://www.wcb.ny.gov/

Injured workers:
http://www.wcb.ny.gov/content/main/Wo...

Employers:
http://www.wcb.ny.gov/content/main/Em...

Carriers:
http://www.wcb.ny.gov/content/main/Ca...

If you’ve been hurt at work, you’re probably a little nervous about the future.

I’ve been treating injured workers for over 2 years, and I’ve learned it’s important for you to take a deep breath, relax a little and be confident that things will more than likely be fine.

First, your body wants to heal; ordinarily, all it needs is a little help and a little time

Second, the New York Workers’ Compensation system isn’t as intimidating as you may have heard. Most of the time the people involved are supportive and want to help you get better.

Fortunately, Workers’ Compensation law is considered a no-fault law. That means that legally no one is to blame. Even if you think your employer provided an unsafe workplace, or your employer believes you were being reckless, you can’t sue each other.

There are three major players in the New York Workers’ Compensation system: you, the injured worker, the insurance carrier and your employer. The law, through the New York Workers’ Compensation Board, has to be applied equally to all three players. That means each has rights and responsibilities. It’s important for you to understand those rights and responsibilities

The insurance carrier has the responsibility to provide diagnostic studies and treatments from a long list called the New York Medical Treatment Guidelines - no questions asked. They also have the responsibility to provide a percentage of your lost wages. But they have the right to make sure that treatment is appropriate, that disability rules are being followed and that an injured worker is putting forth a good effort to recover.

The employer is responsible for paying for Workers’ Compensation insurance, reporting injuries and allowing an injured worker to receive appropriate medical care. They have the right to provide restricted duty but do not have the obligation to do so. If they cannot provide restricted duty, most likely they need to provide supplementary unemployment benefits to injured workers who are only partially disabled.

The injured worker has the right to appropriate medical care and wage compensation while they’re recuperating. But they also have the responsibility to put forth their best effort to recover from the injury. They also have the responsibility to continue to work in a restricted duty capacity if restricted duty is available.

You may think, “Who cares? I’m the one who’s hurting.”

You’re right; and you still have the worry of paying bills with no clear prospect of feeling better. But I encourage you to be optimistic and avoid getting angry – it’ll only slow your ability to heal. Focus on using the tools that are available to you under the law and put forth your very best effort.

In the next video, we’ll talk in more detail about the rights of injured workers in the New York Workers’ Compensation system.

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