Catherine M. Stanton
During my almost 25-year career representing injured workers, I have addressed unions, worker interest groups and thousands of individual workers about their rights regarding Workers’ Compensation. I often stress the importance, as I did in my last article, of filing a claim even if you return to work or don’t lose any time from work, since there are indemnity or “cash” awards you might be entitled to. These awards are for extremity injuries, loss of hearing, and loss of vision or facial disfigurement.
However, even if you have the type of injury that would not necessitate an indemnity award if you continue to work, it is still important to file a claim with the New York State Workers’ Compensation Board. If you have a valid Workers’ Comp claim for an injury, and you file timely and properly, your medical treatment as a result of that injury is covered by the Workers’ Compensation insurance carrier.
Many have questioned the point of filing when the only benefit they would receive is medical coverage and if they are working, already are covered by their employer’s insurance. There are a number of reasons. First of all, there is lifetime medical coverage with Workers’ Compensation. If you have a valid claim, you are entitled to be covered for medical treatment, including surgery on the work-related injury, for the rest of your life. While most people do not anticipate losing a job, be it as a result of layoffs, employer moves or bankruptcy, you could at some point no longer be covered by your employer’s medical coverage. If you filed a valid Workers’ Compensation claim, however, you will continue to receive medical coverage for the injury regardless.
The second reason is known as cost shifting. Many employees who are covered by their employer or union medical care may feel that it would be easier just to put the cost of their care through their
private medical policy. What they don’t realize is that the cost of the injury is the same no matter who is paying the bills; the doctor visits or surgery or therapy visits continue, but the correct entity is not bearing the burden of these costs. This could result in higher premiums or higher deductibles not only for you and your union, but also could result in incorrect data collection about health and safety in your particular industry. If no one files a Workers’ Comp claim, there are no incentives for employers to provide safe working conditions because they are not bearing the cost of the medical bills. Finally, I tell people that Workers’ Compensation not only pays 100% of the cost of medicine related to the injury, it also pays for reasonable travel expenses back and forth to your doctor or therapist offices.
While most of us will go through our working careers uninjured, it is safe to say that we all know at least one person who was injured on the job. Feel free to provide this important information to your friends and loved ones.
I wish you all a beautiful (and safe) holiday season, a Merry Christmas and a blessed New Year.
Catherine M. Stanton is a senior partner in the law firm of Pasternack Tilker Ziegler Walsh Stanton & Romano, LLP. She focuses on the area of Workers’ Compensation, having helped thousands of injured workers navigate a highly complex system and obtain all the benefits to which they were entitled. Ms. Stanton has been honored as a New York Super Lawyer, is the past president of the New York Workers’ Compensation Bar Association, the immediate past president of the Workers’ Injury Law and Advocacy Group, and is an officer in several organizations dedicated to injured workers and their families. She can be reached at 800.692.3717.
