AboutMargot RN BScN GNC Expertise Please feel free to ask anything, but the more specific you are, the easier it is for me. Please share as many details as you are comfortable doing. I do check my Emails daily Monday through Friday so you should receive an answer within 24 hours on most business days. Thanks.
Experience I have 18 years experience as a Small Business Owner-Operator; I own a Nursing Agency so often deal with both employee and client injuries. I would be pleased to offer any assistance I can. If I can not answer your question I'll do my best to direct you to an appropriate resource. Thank you. Experience in the area 20 years of Long Term Care and Community Nursing, specialising in Geriatrics, Gerontology and PalliativeCare.
Education/Credentials Registered Nurse , Certified Gerontological Nurse, Bachelor of Science in Nursing >
Question QUESTION: hello i was making a delivery at a college i slip in there
warehouse on my back and the handturck with 5 cases of paint fell on my right leg i went back to the office and fill out a accent report then i went to the hospital they said i have a sprained knee joint and a back injury my boss
won't pay me for the time i am missing work and he told me
to use my own insurance and i don't think that my insurance going to coved it if they found out that it happen on the job so i call a lawyer he is sending me paper work to fill out put how to i get money for know to pay my rent please help thanks mike
ANSWER: Hi Mike and thanks for writing,
What state do you live/work in?
Thanks,
Margot
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QUESTION: i live and work in new york
Answer Hi Mike, I do apologise for my delayed response, my Laptop went crazy last week and I had to send it out to be repaired, I hope my late response will still help you in some way.
Good news … according to New York Workers Comp regulations: “Worker's Compensation IS Compulsory” and “Compensation is retroactive if disability continues for More than 14 days from the date of injury”. I’m glad you’ve got a lawyer working with you as your employer sounds like he’s trying to deny your rights.
On March 13, 2007: Governor Eliot Spitzer signed into law a sweeping Workers' Compensation Reform initiative. An outcome of months of negotiations with the Legislature, labor, and business, the reform aims to benefit both injured workers and employers by increasing benefits while lowering workers' compensation costs. Workers' Compensation Law, Labor Law, Insurance Law, Tax Law, Volunteer Ambulance Workers' and Volunteer Firefighters' Benefit laws, and the Public Officers Law are all amended by the reform bill.
If you are injured on the job, you must follow these simple steps:
OBTAIN first aid or other necessary medical treatment as soon as possible. You are free to choose any physician, podiatrist, chiropractor, psychologist (upon referral), out-patient clinic of a hospital or health maintenance organization authorized to give medical care by the Workers' Compensation Board. If your employer has been authorized to participate in Managed Care, you may be required to obtain medical treatment from a participating managed care provider. Participating employers are required to notify their employees, in writing, of all information pertaining to the managed care program.
The cost of necessary medical services is paid by your employer or your employer's insurance carrier, if the case is not disputed. The doctor may not collect a fee from you. However, if your workers' compensation claim is disputed by your employer or insurance carrier, the doctor may require you to sign Form A-9, guaranteeing payment if the Board disallows the claim or if you do not pursue the claim.
NOTIFY the your supervisor about the injury and the way in which it occurred, as soon as possible. An injured employee who fails to inform his or her employer, in writing, within 30 days after the date of the accident causing the injury, may lose the right to workers' compensation benefits. In the case of occupational disease, notification should be given within two years after disablement, or within two years after the claimant knew or should have known that the disease was work-related, whichever is later).
COMPLETE a claim for workers' compensation on Form C-3 and mail it to the nearest office of the Workers' Compensation Board, if there is lost-time. If a claim is not filed within two years from the date of the injury or disablement from an occupational disease, (or after disablement and after you knew, or should have known that the disease was work-related), you may lose your right to benefits.
THEREAFTER . . . .
• Follow doctor's instructions to speed full recovery.
• Go back to work as soon as you are able.
• Attend such hearings as may be held in the case, when you are notified to appear.
Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from the first work day off the job. Necessary medical care is provided no matter how short or how long the length of the disability.
Claimants who are totally or partially disabled and unable to work for more than seven days receive cash benefits. The amount that a worker receives is based on his/her average weekly wage for the previous year. The following formula is used to calculate benefits:
2/3 x average weekly wage x % of disability = weekly benefit
Therefore, a claimant who was earning $400 per week and is totally (100%) disabled would receive $266.67 per week. A partially disabled claimant (50%) would receive $133.34 per week.
