Workers’ Compensation FAQs | Ginarte Law Firm

Workers’ compensation is a state-run insurance program that provides benefits to injured workers. “Workers’ comp,” as it is often called, also provides death benefits to close relatives of workers who died from a job-related injury or illness. Below are some general questions that are often asked about workers’ compensation, as well as answers to those questions.There are some differences between the New York and New Jersey workers’ comp programs. Each case is different, so you should seek further information if you believe you may be entitled to benefits. A workers’ compensation lawyer with Ginarte Gonzalez Winograd L.L.P., would be glad to answer your specific questions. Call us now or complete our online contact form for a free review of your claim and advice about your legal rights.

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What is workers’ compensation?

Workers’ compensation is accidental injury and illness insurance provided by most employers for most workers. Each state administers its own workers’ compensation system.The first one was established in New Jersey in 1911.

What should I do if I have been injured in an accident at my workplace in New York or New Jersey?

After a workplace accident that results in injury, you must notify your supervisor and make sure that a written accident report is filed. Do this regardless of the extent of your injuries. If your injury causes you problems later but you did not report the accident that caused it, you could be denied workers’ compensation.

The insurance company handling my workers’ comp claim has asked to record my statement about the accident. Do I have to cooperate?

Workers’ compensation insurance carriers are allowed to ask an accident victim to make a recorded statement. You should cooperate in most cases. If you do not, an insurer that does not want to pay a claim could cite your lack of cooperation or the absence of a statement from you as the reason they cannot process your claim.

How do I make an application for workers’ compensation benefits?

Formal applications for workers’ compensation start with a form – the WC 365 in New Jersey and the C-3 in New York. This form requires a variety of personal and employment information (including your pay), an explanation of the accident and your injury, medical treatment you have had, whether you have been able to return to work, etc.

What kind of benefits can I get from workers’ compensation?

If you have been injured on the job, you are likely entitled to full payment of your related medical bills and a weekly payment to offset lost wages and cover the disability and disfigurement your injury has caused.

What death benefits are available from workers’ compensation?

Generally, the dependents of a worker who was killed on the job or who died from an occupational illness are entitled to benefits that include wage-replacement payments and funeral expenses.

Can I go to my own doctor to treat my workplace injury?

Your employer’s insurance carrier has the right to direct you to a doctor of its choice, but this does not mean you cannot see your own doctor.

My employer’s doctor says I can go back to work, but my doctor disagrees. What should I do?

If you question the treatment provided by the doctor chosen by your employer, and that provider releases you to return to work, you have the right to seek a second opinion. If a second doctor disagrees with the first, you can appeal to the workers’ compensation board.

What if I can never go back to work because of my injury?

If you are unable to return to your previous position because of your work-related injuries or illness, your employer’s insurance carrier should pay for you to receive vocational rehabilitation therapy. If vocational rehab does not lead to new work, you may be entitled to permanent total disability benefits.

Why do I need an attorney to obtain the benefits I deserve?

There are several ways you may benefit from the assistance of a workers’ compensation attorney experienced with the New York or New Jersey program. They boil down to the fact that a lawyer who knows about workers’ comp can help you navigate a complex and often confusing system.

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