The only time someone worries or asks questions about Workers' Compensation is typically after they have been injured. This short presentation covers the most common questions injured workers have about their workers compensation benefits. To find out more about Workers' Compensation and the rights of the injured, please visit http://www.comp7777.com

2. 1What is Workers
Compensation?

3. A form of insurance providing wage
replacement and medical benefits to
employees injured in the course of
employment.

4. This is in exchange for mandatory
relinquishment of the employee's
right to sue his or her employer
for the tort of negligence.

5. 2
What is the history of
Workers Compensation
in the United States?

6. Workers' compensation programs in the United States
are state regulated, with laws determined by each state
legislative body and implemented by a state agency.

7. The programs provide the payment
of lost wages, medical treatment, and
rehabilitation services to workers
suffering from an occupational injury
or disease.

8. 3What is the Workers
Compensation Act?

9. State statutes which establish liability of
employers for injuries to workers while on the job
or illnesses due to the employment, and
requiring insurance to protect the workers.

10. Workers' Compensation Acts
provide for a system of hearings
and quasi-judicial determinations
by administrative law judges and
appeal boards.

11. 4What is the workers
Compensation Process?
$

12. Providing notification of a work related
injury to a New York State employer
should be done within 30 days of the
injury and in writing. Notice should be
provided to the injured worker’s
immediate supervisor or
to the Human Resources Department.

13. The injured worker
should file a formal
notice of claim, form
C-3 in New York
State.

14. The injured worker
should file a formal
notice of claim, form
C-3 in New York
State.
This form should be filed
with the Workers’
Compensation Board
and copied to the
claimant’s employer.

15. The law requires the
filing of a claim
within two years of
the date of injury.
This form should be filed
with the Workers’
Compensation Board
and copied to the
claimant’s employer.
The injured worker
should file a formal
notice of claim, form
C-3 in New York
State.

16. The employer then submits its report of injury form, C-2,
to the New York State Workers’Compensation Board and
notifies its Workers’Compensation insurance carrier

17. 5How Do I file A Workers
Compensation Claim?

18. Get immediate
medical care if
your injury
requires.

19. Get immediate
medical care if
your injury
requires.
You must inform
your employer
of your injury as
soon as possible.

20. Get immediate
medical care if
your injury
requires.
Your employer
will have claim
forms for you to
fill out and
submit .
You must inform
your employer
of your injury as
soon as possible.

21. 6
What Happens in the
workers compensation
hearing?

22. Formal hearings are held
with an ALJ - these are semi-
judicial proceedings.

23. Exhibits of documents and reports are
entered into the formal hearing record.

24. Hearings generally result in
payment of some or all of a
claim or dismissal of the
application.

25. 7 What is a Workers
Compensation Board?

26. Administrative Law Judges conduct hearings
and mediations. The five member board is an
appellate body that reviews Administrative Law
Judges' orders.

27. 8 What is Workers
Compensation Fraud?

28. Workers’compensation fraud occurs when
someone willfully makes a false statement
or conceals information in order to receive
workers’compensation benefits or
prevents someone from receiving benefits
to which they might be entitled.

29. 9
What is the Workers
Compensation Statute of
Limitations?

30. Each state has their own
workers' comp laws, and some
state's "statute of limitations"
(deadline) for filing a claim
depends on the type of injury.

31. 10
How Much Will My Workers
Compensation Claim Be
Worth?
$

32. Benefit amounts will
differ depending on
the severity of the
injury.

33. Benefit amounts will
differ depending on
the severity of the
injury.
If an injury leaves the
employee totally unable
to work, the benefit
amount is based on a
fixed formula.

34. Benefit amounts will
differ depending on
the severity of the
injury.
If an injury leaves the
employee totally unable
to work, the benefit
amount is based on a
fixed formula.
For an injury which
allows one to continue
working in a limited
capacity, the benefit
amount is based on a
rating system adapted by
the American Medical
Association.

35. 11
How Do I file an Appeal of
my workers compensation
claim?

36. In New York State an appeal
must be filed within 30 days
after the filing of the decision
which is being objected to.

37. In New York State an appeal
must be filed within 30 days
after the filing of the decision
which is being objected to.
Special forms exist for the filing
of an appeal; also know as a
Request for Board Review.

38. 12
Do I need an attorney to
represent me in my workers
compensation claim?

39. In workers’compensation
cases, the law is set up to
assist injured workers in
their ability to obtain legal
counsel.
A Workers’ Compensation
attorney is paid from the
injured worker’s lost wage
benefits and his or her fees
must be approved by a Law
Judge.

40. For more information on Workers’ Compensation, please visit
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