UAW Local 2179

How To Protect Your Rights To Workers' Compensation


Here's how to protect your rights when you're injured on the job.

Understanding Worker's Compensation.

If you suffer from an accident, injury or illness due to your job, you are eligible for compensation awards as well as medical care - all paid by our employer's insurance company.

These work-related injuries are covered by the Worker's Compensation Laws of the State of New York.

In order to receive Workers' Compensation you must file a claim with the Workers' Compensation Board. Our law firm is experienced in helping workers sort through the many confusion issues involved with filing and moving ahead with a claim.

Recognizing a Claim

Types of Workers' Compensation Claims.

Workers' Compensation Claims fall into two general categories: accidental injuries which occur on the job, and occupational illnesses which are illnesses caused by the kind of work you do. Both of these claims may result in permanent injuries.

  1. "Accidental Injury" or accident: A sudden and unforeseen event that happens at work which causes you to be injured.

    Examples of an accidental injury:

    • A slip and fall on wet ground at the work place.
        
    • A pain felt in your back after lifting a box.
        
    • Work-related heart attack or stroke brought on by physical or mental stress while you are working.   

    For injuries that involve the head, neck, back and lungs, you may be entitled to lifetime weekly compensation benefits, if you are unable to work or suffer a loss in your weekly salary due to these injuries

    You may also be entitled to receive compensation for job-related heart attacs and strokes For injuries that involve extremities such as the arms, legs, hands, feet, etc. you may be entitled to a money award. This award will be based upon the permanent nature of your injury and is known as a "schedule loss of use" award. You can receive a schedule loss of use award even if you have returned to work or have not lost any time from work.

    Death benefits can be awarded in cases where a work-related injury or illness results in death.

    Protecting Your Rights To Workers' Compensation If You Have A Work-Related Injury

    Steps To Take To Make A Claim.

    1. Report the accident to your supervisor or employer as soon as possible, preferably before you leave the job, or as soon as you realize the injury is work-related.
       
    2. Seek medical treatment for your injuries immediately, and tell the doctor that your injury is job-related.
       
    3. Note the exact location of your accident.
       
    4. Obtain the names and addresses of all witnesses, if any.
       
    5. Don't speak to anyone else about your claim, except your doctor.
       
    6. File a claim (C-3) for workers' compensation. You must submit the C-3 form to the Workers' Compensation Board within two years of the date of your injury
       
    7. Call our office at the location nearest your home so we can assist you in filing a compensation claim and protect your interest.
  1. "Occupational Illness: A medical condition that occurs gradually over a period of time that is caused by the nature of the work you do.

    Understanding Occupational Illness

    If you suffer from a medical condition caused by exposure to harmful materials in the workplace, you may be eligible for compensation awards and medical care - all paid by employer's insurance company

    Workers who are exposed to dusts, chemicals, fumes, loud noises and even those who do repetitive work with their hands may be entitled to benefits if they develop an "occupational illness" - even if the exposure occurred a long time ago

    Workers have a right to claim for compensation benefits for a variety of cancers, including lung cancer, based upon a work-related exposure to asbestos cement, concrete, rock and sand.

    Workers who are disabled as a result of these conditions may be entitled to lifetime compensation benefits as well as medical treatment.

    In order to receive benefits you must file a claim with the Workers' Compensation Board of the State of New York. Our law firm is experienced in helping workers sort through the many confusing issues involved with filing and moving ahead with a claim. And we have an established record of bringing thousand of occupational illness claims to a successful conclusion for workers.

    Examples of Occupational Illness:
    • Asbestos (an illness caused by work-related exposure to asbestos fiber)
       
    • Asbestos-related cancers
       
    • Mesothelioma, lung, laryngeal, stomach, esophageal, colon etc.
       
    • Occupational hearing loss
       
    • Silicosis (an illness caused by work-related exposure to silica)
       
    • Chronic lung conditions, such as pulmonary obstructive disease (caused by work-related exposure to constructions dusts)
       
    • Repetitive Strain Injury/carpal tunnel syndrome (caused by repetitive work processs)
       
    • Chronic back conditions
    Types of Occupational Illness Claims

    The following are some common types of occupational illnesses that are covered under Worker's Compensation:
    • Lung Diseases - diseases which result from exposure to asbestos, concrete, cement, rock dust, sand and silica... such as asthma, asbestosis, silicosis, chronic lung disease, emphysema and lung cancer.
       
    • Hearing Loss - chronic hearing problems which result form exposure to loud noise form operation machinery, jackhammers, or working at construction sites or powerhouses where there's ongoing loud noise.
       
    • Repetitive Strained Injuries _ Illnesses which result from performing a repeated activity or task that gradually causes a hand, wrist, arm or neck injury without any apparent accidental injury to these areas...such as Repetitive Strain Syndrome and Carpal Tunnel Syndrome. People who work with computers often suffer from these types of injuries.

    Protecting your rights to Workers' Compensation when your job results in an Occupational Illness

    Steps To Take To Make A Claim
    1. Seek medical treatment for your occupational illness, and be sure to provide a complete and correct history to your doctor
       
    2. Don't speak to anyone else about your claim, except your doctor and your attorney
       
    3. Call our office at the location nearest your home so we can assist you in filing a compensation claim and protect your interest.

Other Rights And Remedies

In addition to Workers' Compensation you amy also be able to file a negligence lawsuit (if your injuries were caused by someone other than your employer or fellow employees). If your work-related injury or illness permanently disables you and you are unable to work again, you may be eligible to receive Social Security Disability benefits.

It is important to consult with a lawyer at our firm. We're here to help you understand your rights, and take the necessary steps to make sure you receive all benefits that you're entitled to receive.

Benefits you may receive

  1. Wage replacement for time lost from work or a reduction in wages due to work-related injuries and illness.
     
  2. Full Medical Coverage for treatment related to the work-related injury or illness with no deductibles or co-pays.
     
  3. Ongoing weekly wage benefits if the injury or illness prevents you from working or forces you to stop working (retire) before you might otherwise do do.
     
  4. Cash awards for permanent impairments to the limbs (arms, legs, hands, feet, fingers, or toes) from work-related injuries (you do not have to loose any time from work to receive this "Schedule Loss Award")
     
  5. On going weekly benefits to your widow should you pass away from the work-related injury or illness

Why should you get an attorney to represent you in your claim?

  • Neutral Doctors at workers' Compensation Board were fired in 1996, now you need to know how how to get the proper medical reports to win your claim.
     
  • Because of recent changes in the law, your claim can now be closed without a hearing before a judge.
     
  • Insurance Carriers canask you to give up your rights to anymore compensation.
  • There is too much at stake for you not to get help navigating this complicated and confusing system.

The law firm for working people
Bretcher • Fishman
Pasternack • Popish
Feit • Heller • Rubin
& Reiff • P.C.


OFFICES

New York City: 
222 Broadway New York NY 10038-2510
Brooklyn:
111 Livingston Street Brooklyn NY 11201
Nassau County:
1225 Franklyn Avenue Garden City NY 11530
Sulfolk County:
1455 Veterans Memorial Hwy Hauppauge NY 11788
Westchester County:
1 North Broadway White Plains NY 10601

212-341-7900

718-643-8300

516-742-3636

516-742-3636

914-328-8500

If you have any questions or need assistance, please contact:
Local 2179 UAW
400 Lafayette Street
New York, NY 10003
(212) 674-2108
Fax (212) 674-308
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