In New York, the employer has the obligation of providing medical care for work comp injuries but the employee has the exclusive right to select any qualified provider, without interference from the employer or carrier. However, the employer may offer and facilitate treatment at local facilities for the general welfare of the work force.
Intermediate and smaller employers have found the following measures to be effective:
1. Identify local medical facilities which are appropriate for (a) first aid, ( b) emergency treatment, (c) follow-up treatment and (d) hospital services.
2. Visit the facilities to see if they are convenient for your employees.
3. Introduce yourself to the facility and explain that they may be called upon to assist your workers
4. If treatment is needed, always accompany your employee to the facility for the first visit. Explain to the employee that the medical bills for workplace injury are your responsibility and that no one should send them billing letters.
NOTE: Fear of being responsible for medical bills is the most frequent reason for employees to retain a lawyer. If that fear is not present your claims will resolve more quickly at a far lower cost.
5. Where feasible, have the employer pay first medical bills directly and seek reimbursement or credit from the carrier later. Not all treatment may be due to a work related injury or illness. This practice will prevent unintended triggering of a comp claim where none is appropriate.
6. If the injury or illness is compensable, follow up with medical facilities to make sue that bills are being paid by the carrier. Let your employees now you are still involved. Unwarranted medical disputes will take small claims and turn them into major, expensive disputes.
7. Employers are not required to do the above but they are wise to do so. “Avoid friction” is a basic rule for preventing unnecessary damage to workplace efficiency.
Attorney Theodore Ronca is a practicing lawyer from Aquebogue, NY. He is a frequent writer and speaker, and has represented employers in the areas of workers’ compensation, Social Security disability, employee disability plans and subrogation for over 30 years. Attorney Ronca can be reached at 631-722-2100.
Try the WC Cost Calculator to show the REAL COST of work comp.
Look at WC 101 for the basics about workers comp.
Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs.
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