WHAT TO DO IF YOU ARE INJURED

            Do not overlook any injury – no matter how slight! Even if you only suspect you are
injured or are suffering a work – related illness, there are certain steps you must take – whether or not you think you will actually miss time from work. Some injuries or work – related diseases may not be apparent or cause you to miss work for several years. If a worker fails to take action (described below) within the legally specified time periods, he may lose his rights to valuable disability and medical benefits. Call or e-mail Jack B. Katz for a free consultation concerning your injury.

     REPORT THE INJURY / ILLNESS TO YOUR EMPLOYER

     Report all injuries – no matter how minor you think they are at the time.
Reporting to your union does not count! Tell your boss, foreman, supervisor,
personnel officer – or anyone in authority who works for the same employer as you –
that you have injured yourself at work (or that your illness is due to your job).
Do so even if you do not think you will miss work or need treatment.

     If such notice is not given to the employer within 120 days (about 4 months) of the
injury, compensation may never be awarded. Notice is required for all injuries – even
when the date of injury is uncertain (such as repetitive trauma conditions – where the
date the worker first goes out of work should be used as the “date of injury”).

            If you cannot give notice yourself, have someone do so on your behalf --
                         this is legally sufficient.

          The notice need not be in writing – although you should comply
                        with your employer’s request for information.

    IMPORTANT:    “Notice” must include that the injury or illness is due to work – it is
not sufficient to say you are hurt (or sick) and cannot come to work. Your claim may be
later denied if the employer states that you did not report the problem to be work related.

     TREAT WITH YOUR FAMILY DOCTOR OR A SPECIALIST OF YOUR CHOICE

            You do not have to treated by a company designated panel doctor unless a list of
six medical providers is actually posted at the workplace. Looking at it the opposite
way, you must treat with a company doctor (or at a designated facility), only if a list of six healthcare providers is posted A “proper” list at the workplace must include at least three (3) physicians. It does not count if your employer tells you whom to see - before or after the injury
or simply hands you a list after you are injured.

          If a proper list of six places was not posted at the workplace , then you are immediately free to treat with a physician of your own choosing - no matter what the employer tells you or hands you. If a proper list is posted , then you need to treat at one of these providers for 90 days from the first date of treatment. If a specialist is needed and one is not on the posted list, the worker may treat with one of his own choosing. The employer will be responsible for the bill. ( This includes chiropractors - if needed and none are posted. )

       What does this all really mean? If the employee fails to treat with a designated provider for the first 90 days, the employer does not have to pay for the medical treatment received during that time only - that is all that the above means ! It does not mean that the claim
itself will be denied or that you will not receive any weekly benefits.

      Since the company can have control of treatment for 90 days - you may want - at least once - to choose to be examined by a doctor in whom you have confidence and who will look after
your best interest.  This is true even if you have to pay for the treatment yourself. If not , after the 90 days, you won't have a doctor who can fully document and confirm your injury to the insurance company let alone start to cure you!  ( You must always notify your employer of the name and address of your treating physician within 5 days of your initial treatment.)

      After 90 days , you absolutely should treat with your own doctors . The employer is then entitled only to periodic examination but not to have you treat with their doctors. ( The employer's or insurance company's doctors are not being paid by you and may under pressure to get you back to work before you are really ready. )