Workers' Compensation Alert: May 12, 2021

RNs who contracted COVID-19 on the job are fighting to get the workers’ compensation benefits they deserve. We know many RNs have started the process, but have not heard back regarding their claims. Below are the steps to take to make sure you protect your rights and pursue workers’ compensation benefits. 

1. File your C-3 form online to apply for workers’ compensation. 
2. Submit medical documentation including a copy of your positive COVID-19 test or diagnosis and a medical report from an authorized workers’ compensation provider. If you do not provide this medical documentation, your case will be closed and you will not receive benefits. If you’re looking for a provider authorized by the workers’ compensation board to treat you, the NYS Occupational Health Clinics are a good place to start. 
3. Look for a notice from the employer’s workers’ compensation insurer or administrator accepting liability for your illness OR a decision from the Workers’ Compensation Board saying that your case has been formally established for COVID-19. If you do not receive either of those things, you should call the Workers’ Compensation Board at 800-580-6665 or e-mail to advInjWkr@wcb.ny.gov to request a hearing, or check the status of your case. 
4. Contact a workers’ compensation attorney to help you pursue benefits. Under law, there are no fees owed these attorneys unless you receive benefits. Because many employers are contesting COVID-19 claims, it may be difficult to obtain benefits without an attorney. A list of workers’ compensation attorneys is here. 

Download this Q&A on workers’ compensation that the NYS Workers’ Compensation Board specifically created for nurses suffering from COVID-19.