Part 1: The Workers' Compensation Process
- How do I know if I Have a Workers' Compensation Claim?
- How Do I File a Workers' Compensation Claim?
- Is There a Time Limit for Filing My Claim?
- What Benefits Am I Entitled To?
- Independent Medical Examinations
- The Hearing Process
- After the Hearing – Decisions, Payments and Appeals
- Finalization of a Workers' Compensation Claim
- Attorneys' Fees
Part 2: Special Issues In Workers' Compensation
THE SPECIAL FUNDS CONSERVATION COMMITTEE
As your compensation case develops, you may hear references to the Special Funds Conservation Committee. Generally, the Special Funds will become involved in your case if any of the following circumstances are present:
- You were working for more than one employer at the time of your injury,
- You had certain disabilities or ailments prior to your work injury, or
- You have an established compensation case that has been inactive for several years.
Concurrent employment
Concurrent employment is a term used in Workers' Compensation law when a person had more than one job at the time of his or her work accident. You should let us know as soon as possible if you had more than one employer at the time of your injury. If you can prove that you had more than one job, and that you collected a paycheck from both employers within the same calendar week as your work injury, the Board will consider your income from both jobs when calculating your average weekly wage. The Special Funds will then be responsible for a portion of your compensation payments. In most cases, the insurance carrier for the employer where your injury occurred will pay you, and the SFCC will simply reimburse that insurance company the amount they are entitled to. Please note that not all jobs qualify as concurrent employment. To qualify, the second job must be with an employer who is required by law to carry Workers' Compensation insurance.
Pre-existing disabilities/diseases
Section 15(8) of the Workers' Compensation Law deals with the Special Disability Fund. This fund becomes an issue if a worker had disabilities or ailments prior to his or her work accident that make the overall disability "materially and substantially" worse. In such cases, the Special Funds makes reimbursement payments to the compensation insurance carrier. In order to determine whether section 15(8) applies in your case, the insurance carrier may ask you to complete a questionnaire or answer questions in a brief interview regarding your medical background. If you receive a questionnaire or are contacted regarding an interview, you should contact our office.
Old cases
Section 25-a of the Workers' Compensation Law governs the Fund for Reopened Cases. This section of the law becomes an issue if your case has been closed for several years and is later re-opened. If the re-opening takes place more than 7 years after the original accident date, and also more than 3 years after the last payment of compensation, the Special Funds may take over future medical and lost wage payments on the case.