New York Claimant's First Set of Interrogatories to Employer and Carrier is a crucial legal document used in workers' compensation cases in New York. This set of interrogatories consists of a series of questions served by the claimant upon their employer and the workers' compensation insurance carrier involved in the case. These interrogatories aim to gather relevant information and evidence related to the claimant's injury, its circumstances, medical treatment, insurance coverage, and other pertinent aspects of the case. By submitting these interrogatories, the claimant seeks to gain insight into the employer and carrier's knowledge of the incident and subsequent handling of the workers' compensation claim. Common types of New York Claimant's First Set of Interrogatories to Employer and Carrier may include, but are not limited to: 1. General Background: — Provide information regarding the respondent's relationship with the claimant, such as employment dates and positions held. — Identify any witnesses to the incident and their contact information. — State whether any statements were obtained from witnesses concerning the accident, and if so, provide copies. 2. Incident Details: — Describe the specific nature and circumstances of the accident/incident that led to the claimant's injuries. — Enumerate any safety measures or protocols in place at the time of the incident. — Explain any warnings or precautions given to employees, including the claimant, regarding potential hazards related to the accident. 3. Employer's Knowledge: — Provide details on the respondent's knowledge, if any, of any unsafe conditions or hazardous situations related to the accident/incident. — State whether any prior incidents, accidents, or near misses occurred in the same or similar circumstances, and if so, provide all relevant details. 4. Medical Treatment: — Identify all medical providers who have rendered treatment to the claimant after the accident. — Provide copies of all medical records, reports, x-rays, and test results related to the claimant's injuries. — Specify any instructions given to the claimant by the employer or carrier regarding medical care or treatment. 5. Insurance Coverage: — State the insurance carrier's involvement in the workers' compensation claim, including policy details and coverage limits. — Provide copies of all workers' compensation insurance policies or documents related to the claim. The New York Claimant's First Set of Interrogatories to Employer and Carrier is an essential tool for gathering crucial information necessary for a strong workers' compensation claim. By seeking relevant details about the incident, the employer's knowledge, medical treatment, and insurance coverage, the claimant can build a compelling case to secure rightful compensation.
New York Claimant's First Set of Interrogatories to Employer and Carrier
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If you're on workers comp after an injury and you're covered by the FMLA, your employer can't fire you within twelve weeks of your injury. Your employer also can't fire you after twelve weeks of suffering an injury if they solely based their reason for firing you on the fact that you filed a workers comp claim.
Section 13-F - Payment of medical fees (1) Fees for medical services shall be payable only to a physician or other qualified person permitted by sections thirteen-b, thirteen-k, thirteen-l and thirteen-m of this chapter or other authorized provider of health care under the education law or the public health law ...
The length of time you can stay out on workers' compensation will range from 225 to 525 weeks. However, the number of weeks and amount of money you can collect from workers' comp for your work-related injury each week will vary, depending upon your individual circumstances.
Employers are not required to hold positions. Workers' Compensation Law does not require your employer to keep your job open for you. However, most employers do take injured workers back. Stay connected with your employer about your job status.
Date of AccidentWeekly Maximum Total / PartialJuly 1, 2023 - June 30, 2024$1,145.43 / $1,145.43July 1, 2022 - June 30, 2023$1,125.46 / $1,125.46July 1, 2021 - June 30, 2022$1,063.05 / $1,063.05July 1, 2020 - June 30, 2021$966.78 / $966.7817 more rows
This amount is determined by how much money an employee loses when they can't go to work and earn their regular wages. The length of time you can stay out on workers' compensation will range from 225 to 525 weeks.
Section 11 of the New York Workers' Compensation Law also bars third parties from suing an injured worker's employer for contribution or contractual indemnification unless the employee has sustained a ?grave injury? as defined by law.
Thus, under Workers' Compensation Law Section 29(1), the carrier is granted the opportunity to maintain a lien against monetary relief the claimant receives from a third-party action and recover two-thirds of the paid indemnity compensation and medical expense on the workers' compensation claim.