Last year’s solar eclipse brought about fun and excitement for Americans of all ages, but did you know it also brought about several Workers’ Compensation claims?
The rare total solar eclipse was the first time it occurred in the United States since 1979. The August 21 eclipse was the most watched and photographed eclipse in history. With all the excitement surrounding the day, many employers planned solar eclipse office viewing parties. What they might not have known, however, was that in the case of a mandatory employer-sponsored event, safety precautions must be taken. In this case, employers were responsible for providing safety glasses. Employees who were injured while eclipse-viewing on the job were able to file Workers’ Compensation claims if their boss did not provide adequate eye protection.
In fact, an article about workplace safety concerns related to the eclipse was the third most read Workers’ Compensation story on Business Insurance’s website in 2017. This substantiates the proof that Workers’ Comp is a complicated matter and one that workers should not play guessing games with.
Jordan Ziegler, Esq. Senior Partner in the law firm Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, said the New York State Workers’ Compensation system is a no-fault system that was created to aid injured workers with wage replacement and medical benefits. However, navigating through the Workers’ Comp maze requires much more than chasing a dangling carrot. You need to know and understand the rules in order to follow the rules. And that’s no easy task.
The effects of even a small injury can last a lifetime, so make the most of each step toward healing and the compensation to which you are entitled. Effective July 1, 2018, the new maximum weekly benefit for Workers’ Compensation claims increased to $904.74 from the previous year’s $870.61.
If you are injured on the job, or think you might have a work-related injury, here are some important steps to follow:
- Let your employer know the circumstances that resulted in your injury. You only have 30 days to report the incident. Next, inform the Workers’ Compensation Board (WCB) so everyone is on the same page. It may be difficult to contact them but don’t worry, you’ve got two years to let them know.
- Even if you don’t lose time from work, you should still file a claim. Someone has to pay the medical bills and it’s typically the WCB’s insurance company’s responsibility.
- Remember to document any phone records and emails that follow. Written communication is the best way to later prove your side of the story. In fact, the law requires you to give written notice of your injury to your employer. Make sure you note the supervisors and staff you communicate with and the date your notification took place. Make copies of everything! And save all emails.
- When seeking medical attention, either in the nearest emergency room or a doctor’s office, ask for detailed records of your injury and prescribed treatment.
Ziegler said the path to benefits is highly detailed. You may not even realize that beside medical benefits, you might also qualify for indemnity benefits — money you receive each week that you’re unable to work. With a permanent injury, you might be eligible for such benefits even if you return to your job.
Just as employers have attorneys to represent the interests of their companies, YOU must gather the right team to navigate the detailed — and often confusing — laws of Workers’ Compensation.
“Workers’ Comp goes a long way toward helping ease the financial burden that comes with not being able to fully return to work,” Ziegler said. “There are so many complicated ins and outs of filing, however, that all too often injured workers will give up rather than fight for what they are entitled do. That’s where we are able to step in and help but we can’t do that if we don’t know about the injury.”
Prior results do not guarantee outcomes.