Self-insured employers, insurance carriers and the New York State Insurance Fund (NYSIF) are authorized to require employers to obtain diagnostic tests from a provider who is part of a network the employer, insurance carrier or NYSIF has contracted with to provide such services (WCL §13-a(7)(c)). Employers can still recommend care providing they inform employees of their rights to choose providers of their choice through the Notice of Right to Select a Workers' Compensation Board Authorized Health Care Provider (Form C-3.1). Exceptions exist for employers who participate in the Preferred Provider Program or an Alternative Dispute Resolution Program. In addition, the employee should submit written notice within 30 days to their employer (WCL §18).Īs a general rule, employers may not direct their employees to a particular health care provider. The treating health care provider must be authorized by the Workers' Compensation Board, except in an emergency. When an employee is injured, they should immediately tell their employer or supervisor when, where and how the injury happened, and get medical treatment. What do you think about the court’s ruling? How do you deal with “late” reports of alleged work-related injuries? Let us know in the Comments Box below.Everyone has probably heard the old adage, "The least expensive accident is one that never occurs." But accidents do happen, and employers need to become involved before the first form is filed. Administaff, Court of Appeals of LA, Third Circuit, No. For that reason, she didn’t receive workers’ comp benefits for them. The court said Ashworth didn’t prove that her additional pains were work-related. The court said medical records didn’t support her testimony that she told doctors about her upper body pain prior to three months after the incident in the store. Two others said it wasn’t.Īfter a workers’ comp judge denied her request for benefits for the neck, shoulder and back pain, Ashworth took her case to a state appeals court. Here’s another complication: different opinions from doctors on whether the neck, shoulder and back pains were work-related. However, medical records show the emergency room physician who treated her after the crash noted low back pain, neck sprain and abdominal pain. Then she said the only injury she received was a bump on the head from hitting the dashboard (she was in the passenger seat). At first she didn’t tell any doctors about that crash. On top of all that, Ashworth was involved in a car crash four years earlier. She also claimed that she tried to address her other pains with various doctors, but they would insist that they could only treat her for the ankle injury. Why no mention until three months later of the other pain?Īshworth says for the first two weeks after the surgery, medication dulled the other pain. Workers’ comp paid for it.Īlmost three months after the display fell on her, medical records show Ashworth also complained of neck, shoulder and lower back pain. One day while at a store, a 700-pound display fell on her and pinned her to the floor.Īshworth suffered three fractures to her right ankle and underwent surgery. That was the situation in this case from Louisiana.Īngela Ashworth worked for Administaff as a merchandiser. See if you’ve ever experienced this one: Weeks or months after an at-work incident, an employee says, “I think I hurt myself at work.” How do you know the injury is really work-related?
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |