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What Do I Do Now?! - Workers' Comp and Other Mysteries PDF Print E-mail

QUESTION:  WHEN I GOT INJURED I DIDN’T KEEP A LIST OF THE DAYS I LOST.  DOES THAT MEAN I CAN'T PUT IN A CLAIM FOR WORKERS’ COMPENSATION?

ANSWER: THE EMPLOYER IS RESPONSIBLE FOR REPORTING TO THE WORKERS’ COMPENSATION BOARD ANY DAYS LOST TO INJURY.

Joe had been out with that broken leg from the scaffolding accident for more than a month but less than three.   That much he knew.  However, he had misplaced his date book, and just wasn’t quite sure when he had returned to work.  It was all hazy which might have to do with the mild concussion he had gotten from his fall.  Joe was worried that if he didn’t have the exact dates his claim, his Workers’ Comp application wouldn’t be accepted.  He began to think it was pointless to file a claim.

File, Joe!!! File!!!

While it is a good idea for the injured worker to keep a detailed list of the days lost from work, a failure to keep such a list will not harm the claim.  When lost time is claimed, the Compensation Carrier is required to produce a C-11 form, which is a detailed list of all the days.

If Joe doesn’t have any documentation that shows he had a different amount of days than the C-11 form, a Judge will award Joe compensation based on the C-11. On the other hand, if Joe finds his date book and see that he has a different number of days than the C-11, then Joe can dispute how much time he should be compensated for.

 

DISCLAIMER: This article is designed to provide general information.  Although this article has been prepared by professionals, it should not be used as a substitute for professional services.  If legal or other professional advice is required, the servMatthew Funk, Esq.ices of a professional should be sought.

Matthew Matthew Funk, Esq.Funk, a partner at Brecher Fishman Pasternack Walsh Tilker & Ziegler, has been practicing Workers' Compensation Law for over a decade.  He is a member of the Workers' Compensation Bar Association, Injured Workers’ Bar Association and the New York Coalition for Occupational Safety and Health (NYCOSH).  He has written for the New York State Trial Lawyers’ Workers' Compensation Decisions program and has lectured on numerous occasions focusing on Workers’ Compensation Law.  Send your Workers' Compensation questions to: This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call at (347) 952-4228.

John Merlino, a partner with Brecher Fishman Pasternack Walsh Tilker & Ziegler, has extensive experience in Surrogate's Court handling Wills, Trusts, and Estates.  His current area of practice is in Commercial and Workers' Compensation.  He is politically active assisting politicians in both City and Statewide Community affairs and has participated and assisted in organizing numerous Union Rallys against NON-UNION Contractors and Builders.  He also teaches various unions' Shopstewards and Apprentices on work safety, workers' compensation and current events. For Workers' Compensation questions, call (212) 341-7984.

 
 
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