Workers' Compensation

Workers' Compensation: Frequently Asked Questions for Employees

          
I got injured on the job but I did not go to the doctor or take time off of work. Do I still qualify for workers’ compensation?
What forms do I need to complete in order to file a claim for workers’ compensation?
What should I do if I learn that my payroll secretary has not yet submitted the C-2 form to the New York City Law Department, as required, and school is currently closed ?
How do I obtain a carrier case number?
How do I request a hearing?
Where can I obtain a list of participating workers’ compensation doctors?
My treating physician has asked for authorization/payment for services. What do I do?
Who pays for my medical expenses (e.g., surgery, x-rays, prescriptions, etc.) relating to my accident?
I have an old work related injury and I need further medical attention, but I believe my case is closed. What do I do?
How will my absences relating to the injury be treated?
If I decide to use my accrued sick time to cover my absences, how can I have my sick time restored?
How do I file for a leave of absence without pay for workers’ compensation?
If I elect to take a leave of absence without pay, how much money can I expect to receive from The New York City Law Department?
I have been on a leave of absence without pay due to a work-related injury and have not received a check from the New York City Law Department. Who do I call?
Where can I obtain additional information about workers’ compensation?

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Eligibility

I got injured on the job but I did not go to the doctor or take time off of work. Do I still qualify for workers’ compensation?
Yes! Every accident/injury must be reported to your supervisor immediately. An injured employee who fails to inform his/her employer in writing – by submitting an Employee Claim (C-3 form) – may lose the right to workers’ compensation benefits.
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Claim Processing

What forms do I need to complete in order to file a claim for workers’ compensation?
The following forms, obtained from your payroll secretary or timekeeper, must be completed:

  • Employee Claim (C-3 form) 
  • Employee Notice of Injury (WCD23 form)
  • Election of Rate of Charge Against Annual and/or Sick Leave Balances (DP2002 form) 
  • Comprehensive Injury Report (administrative employees only)

Once completed, return these forms to your payroll secretary/timekeeper.
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What should I do if I learn that my payroll secretary has not yet submitted the C-2 form to the New York City Law Department, as required, and school is currently closed?
You should complete the Employee Claim (C-3 form) and mail a copy to the New York City Law Department for processing. Once school reopens, request that your payroll secretary submit the school’s C-2 form online and then forward a copy to the New York City Law Department.
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How do I obtain a carrier case number?
Once the New York City Law Department receives your Employee Claim (C-3 form) plus other related documentation from your payroll secretary/timekeeper, and it deems that your injury is compensable, it will notify you by mail of your carrier case number as well as the name of the benefits examiner assigned to your case. Your attending physician will need your carrier case number in order to continue treating you.
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How do I request a hearing?
You can request a hearing by calling the New York State Workers’ Compensation Board: (800) 877-1373. 
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Medical Treatment

Where can I obtain a list of participating workers’ compensation doctors?
Visit the New York State Workers’ Compensation Board website to obtain a listing of participating physicians. This information can also be obtained over the telephone at (800) 781-2362. 
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My treating physician has asked for authorization/payment for services. What do I do?
If your physician requests any authorizations for medical services or payment for services already rendered, refer these issues to your benefits examiner at the New York City Law Department.
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Who pays for my medical expenses (e.g., surgery, x-rays, prescriptions, etc.) relating to my accident?
The New York City Law Department is the insurance carrier. Employees must not use their personal insurance for any expenses related to the accident. Your physician must submit a Doctor's Initial Report (C-4 form) for reimbursement to:

New York City Law Department Workers’ Compensation Division
350 Jay Street, 9th floor 
Brooklyn, NY 11201

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I have an old work-related injury and I need further medical attention, but I believe my case is closed. What do I do?
Contact your benefits examiner at the New York City Law Department to see if your case is still open. If your case is open, your examiner will advise you about what steps to take in order to continue receiving medical attention. If you learn your case is closed, call the New York State Workers’ Compensation Board – (800) 877-1373 – to request a hearing to re-open your case. 
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Absences and Leaves

How will my absences relating to the injury be treated?
The date of the accident is a regular paid day. You are entitled to receive up to five consecutive days off immediately following the date of accident without deduction from your accrued annual or sick leave. To be eligible to receive these days, you must submit, to your payroll secretary/timekeeper, either an Application For Excuse Of Absence For Personal Illness (Sick Leave) (OP 198 form; for school-based employees) or an Application For Excuse Of Absence With Pay for Administrative Employees (PD 19 form; for administrative employees), as applicable, along with a doctor’s note.
For any additional absences, you have the option to either use your annual leave (option 1) or go without pay (option 2). If you choose option 2, the New York City Law Department will compensate you until you return to work at the rate determined by the New York State Workers’ Compensation Board. 
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If I decide to use my accrued sick time to cover my absences, how can I have my sick time restored?
Your benefits examiner at the New York City Law Department will review your case to ensure that you have up-to-date medical records on file as well as documentation from the DOE Workers’ Compensation Unit concerning your absences (as reported on the Employer’s Report of Injured Employee’s Change in Status or Return to Work (C-11 form)). Depending on the documentation received, the examiner will determine if your sick time can be restored. Restoration decisions are mailed to the DOE’s Workers’ Compensation Unit for processing.
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How do I file for a leave of absence without pay for workers’ compensation?
To request a leave of absence without pay, complete one of the following forms: