By
DEBORAH A. MILESYou may not think about the complex road to filing a workers’ compensation claim if you never had a work-related injury or illness. But if a day would come and you found yourself knocked out by a client, in excruciating pain from lifting a patient, or unable to type on your keyboard due to a numb hand, PEF has made the road easier to navigate.
PEF members are entitled to benefits under the Workers’ Compensation Law (WCL) and article 13 of the PS&T agreement. It’s good to know your rights and what to do, in the event a work-related injury or illness does occur.
The first thing, of course, is get first aid or medical treatment as soon as possible. Then, report your work-related illness or injury to the state’s Accident Reporting System (ARS) and complete your agency’s injury report form. Document the day, time and place where your injury occurred, and include any witnesses. If you suffer an illness, record when your symptoms first developed, whom you notified and when.
Don’t be quick to open your wallet for a co-pay. According to PEF Director of Health and Safety Jonathan Rosen, related bills to your injury or illness will be paid 100 percent by the State Insurance Fund (SIF), unless your case is disputed.
“You should not pay for any medical treatment related to a work-related injury or illness,” Rosen said. “This includes co-pays to your doctor, HMO, hospital or emergency center and ambulance fees.”
And if you get treated at an emergency center, make sure you follow-up by visiting a health care provider who accepts workers’ compensation.
Records, forms
If you paid for your expenses, keep all documentation and receipts, as you may be reimbursed when your claim is settled. Also keep a record of all medical visits, diagnostic and clinical treatments, mileage, prescription drugs and days lost from work.
Rosen said your employer is required to complete and submit an “Employer’s Report of Injury/Illness” form within 10 days after the occurrence to the Workers’ Compensation Board and SIF.
“This requirement applies if you lost time on the job beyond the work day on which the incident occurred, or if medical treatment beyond first aid was provided,” Rosen said.
Don’t waive your rights
If you think your employer may be reluctant to help or submit the form, don’t be intimidated.
“It’s against the law for your employer to waive your legal rights,” Rosen said. “You may not be discharged or discriminated against. The law contains penalties if the employer harasses you for wanting to file a claim.”
Recent changes to the Workers’ Compensation Law (WCL) require injured workers to complete an Employee Claim for Compensation form, commonly called the C-3. PEF advises members to consult with a health and safety “navigator,” a licensed representative or attorney prior to completing this form.
For more facts on what to do when you need to file a workers’ compensation claim, visit the health and safety link on the PEF Web site, or check the current PS&T contract.
