Today’s post comes from guest author Matthew Funk from Pasternack Tilker Ziegler Walsh Stanton & Romano.
QUESTION: WHEN I GOT INJURED I DIDN’T KEEP A LIST OF THE DAYS I LOST. DOES THAT MEAN I CAN’T PUT IN A CLAIM FOR WORKERS’ COMPENSATION?
ANSWER: THE EMPLOYER IS RESPONSIBLE FOR REPORTING TO THE WORKERS’ COMPENSATION BOARD ANY DAYS LOST TO INJURY.
Joe had been out with that broken leg from the scaffolding accident for more than a month but less than three. That much he knew. However, he had misplaced his date book, and just wasn’t quite sure when he had returned to work. It was all hazy which might have to do with the mild concussion he had gotten from his fall. Joe was worried that if he didn’t have the exact dates his claim, his Workers’ Comp application wouldn’t be accepted. He began to think it was pointless to file a claim.
File, Joe!!! File!!!
While it is a good idea for the injured worker to keep a detailed list of the days lost from work, a failure to keep such a list will not harm the claim. When lost time is claimed, the Compensation Carrier is required to produce a C-11 form, which is a detailed list of all the days.
If Joe doesn’t have any documentation that shows he had a different amount of days than the C-11 form, a Judge will award Joe compensation based on the C-11. On the other hand, if Joe finds his date book and see that he has a different number of days than the C-11, then Joe can dispute how much time he should be compensated for.