201008.02
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FAQ: My injured employee’s doctor has released her to return to work. Other than scheduling her and welcoming her back, what do I need to do?

A:  Immediately call her and tell her the date and time that you expect her to return. Send her a friendly, formal notice—in writing—that specifies that date and time. Keep a copy of the letter in her employee file, and forward copies to the Board and your insurance carrier. If she returns, complete FormC-11 and send it to the…

201007.27
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Q: My injured employee is out of work. Is there anything I need to do while he is out?

A:  YES. There are a number of forms and tasks you should complete. Call the employee regularly to determine his progress and relay that you value his employment.  Statistics show that injured workers are more likely to return to work when they feel they are appreciated. File FormC-240, which can also be downloaded from the Board’s website. This…

201006.29
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FAQ: What happens if the Board finds me liable, but I don’t have WC insurance?

The Uninsured Employers’ Fund (“UEF”) will pay the WC benefits up front, but you will be subject to civil and criminal penalties for failing to secure WC insurance for your employees. In my eight years of solo practice, I have seen several small business owners (“SBOs”) bankrupted by a single WC claim. You might save money initially by…

201006.16
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BEST PRACTICES: Obtaining Medical Records to Defend Your Claim

It is common for claimant’s attorneys to assert that employers, carriers and third-party administrators–or their attorneys–may not contact “their”doctors. This is completely improper and misleading. Claimant’s treatment providers qualify as non-party witnesses. Claimant’s attorneys do not and should not represent the doctors who are treating their claimants. The providers are supposed to be independent and…

201006.13
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Get Your Insurance Claims Paid

A gem cannot be polished without friction, nor a man perfected without trials. – Chinese Proverb The Conflict Your health insurance claims representative and your doctor disagree as to whether your medical expenses should be paid under your insurance policy. The Interests You want the claim to be paid so: You can get well You…

201006.08
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FAQ: I have WC insurance, and one of my employees got hurt. Do I need to report it?

Probably. With the exception of injuries such as paper cuts and minor bumps and bruises, all injuries should be reported to the Board and your insurance carrier by completing FormC-2. You must complete the C-2 Form and keep it on file for the statutory 18-year period, even if the injury is not reportable to the Board. See http://www.wcb.state.ny.us/content/main/Employers/claimsprocess1.jsp. DISCLAIMER: This…

201006.05
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Control Costs with Thorough Background Investigations

The Conflict You and your insurance or fraud investigator disagree about the definition of a thorough or complete background investigation. The Interests You want reassurance that you are only paying claims expenses that are truly warranted. You want to provide the payments and treatment required to return the claimant to his pre-injury or pre-illness condition. You know…

201005.05
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FAQ: Will The Law Studio of Nance L. Schick attend the Hearings on our cases and manage the litigation from start to finish?

A:  Absolutely!  Unless I am instructed otherwise, I will assume your assignment of a case is assignment of the full litigation. I will review the case regularly for indemnity, subrogation and resolution opportunities. I will manage each case individually. As necessary, I will conduct investigations, schedule independent medical examinations, file requisite forms, prepare witnesses, file fraud complaints, request medical…