JGL Depot Information Center

When it Seems Impossible, We Must Find A Way!

News

Information every B/O must know

view:  full / summary

See Union First When Told To See Management.

Posted by sendmail156 on December 12, 2016 at 6:30 AM

Know Your Rights... See Union First When Told To See Management.

 

To All Members: If Called Into A Meeting With Management, You Should Say:

 

“If this discussion could in any way lead to my being disciplined or terminated, I respectfully request that my union rep/shop steward be present at the meeting. Without representation present, I choose not to respond to any questions or make any statements."

 

It's Management or It's You

 

Although we may like to believe that our conversations with management are 'off the record' or are with someone we believed to be our 'friend', that is not necessary the case. Management is under obligation to the New York City Transit and/or they maybe forced to to reveal what you told them.

You should always have your union present for any written reports, questions, or conversations with management.

Always consult your union before revealing any information to management. What you say to management maybe used against you.

Fixing Schedules

Posted by sendmail156 on August 16, 2015 at 10:15 AM

“Why would the union accept these schedules?”


“Why can’t the union reject these schedules and get new schedules?”


“How come these schedules do not have adequate pull out time, running time, swing-time, layover time (3 minute layover) or pull-in time?”


“How come these schedules do not have enough of the RDOs that we want, early runs that pay a lot of money, with early runs on weekends or schedules that are operator friendly?”


With each pick we hear operators ask these same questions when it comes to schedules. So here is an attempt to address these remarks.


Under the terms of our contract with the MTA/NYCT, the Authority has the right to set schedules. They always did, and will continue to do so, until the language in our contract changes.


Despite what some may say about “how the union used to control the schedules,” that was never the case. We work for the Authority, and whether we believe what they do makes sense or not, the TA manages and sets schedules. It’s like that basically in every bus, train, commuter rail and airline system in the country. We operate the buses, they set the schedules. See CBA 1.6a


Schedules, the Contract and Making Them Work

Under the contract the union has a 20-day review period, and then meets with management to”discuss issues” we have with the pick. After all is said and done, the Union may be able to swap some RDO’s, occasionally move relief points, adjust a pull out or pull-in, or change when an operator will swing. However, when it comes to pullout time (ten minutes), swings (30 minutes guaranteed), RDO’s, work hours, running time, etc., it is the TA’s to manage. We can suggest changes but that’s it.


When it comes to making the schedules “work,” that’s a different story. That falls squarely on us. Often, we don’t use the tools we have at our disposal (e.g., contract language, TA rules and policies, City and State laws, etc.) to make the changes we want and need. When we cut corners we justify management’s schedules. We let the pressure of the job dictate our ways, rather than operate buses like professional and responsible union members who get paid by the minute to do their job.


When bad schedules “work” it is only because we make them work. From reporting to the Yard Dispatcher earlier than your Report Time, to operating ahead of the schedule just to get to the end of the line, we are making the schedules “work.” Complaining about the schedules and making them work, will definitely not change the schedules.


An Everyday Day Challenge

Your job is to report on time, and operate the bus in the safest manner possible. With new challenges and requirements on the road due to Vision Zero, and new technology (GPS/Bus Trek) we have to adapt the way we operate our buses. If a run is unrealistic, then don't find a way to make it work. Talk to your co-workers on the line, your union rep and find a way to fix it.


Do not let management pressure you to operate in an unsafe manner, no matter what Console, Bus Trek, or the Schedules dictate. Organize with your co-workers, rather than talking about them to dispatchers and managers, and use our union power to effect the change you want. Trying to outdo the schedule on your own will get you no where, take your time and do things right.


Venting about the schedules is normal, it is how we deal with the frustration of the job. But changing a single schedule is no small task, changing the way schedules are made is massive and it will require great unity and discipline by our members. Let’s figure out how to get there as a union so that we can improve our working environment. Let’s be safe out there and return home healthy.


CONTRACT LANGUAGE Section 1.6

Without limitation upon the exercise of any of their statutory powers or responsibilities, the Authorities shall have the unquestioned right to exercise all normally accepted management prerogatives, including the right to fix operating and personnel schedules, impose layoffs, determine workloads, arrange transfers, order new work assignments, and issue any other directive intended to carry out their managerial responsibilities to operate the transit facilities safely, efficiently, and economically.

Snow Emergencies

Posted by sendmail156 on January 25, 2015 at 3:00 PM

The US Weather Service is forecasting blizzard conditions for New York.

 

Many of us will be on duty to safeguard the system or keep it running.

 

If you are going to be on duty, WORK SAFELY. Take account of the snow, the wind, the wind-chill and the lack of visibility. Do not take risks.

 

The contract states that workers "reporting late because of an unusual interruption in service on the NYC Transit System shall suffer no loss of pay for time lost on that account..." If you make it into work, even if you are late, you should be paid for the whole day. If you aren't, let a union rep know. We recommend, if you cannot make it to your normal reporting location but can make it to another TA facility or terminal, do so. Be sure to swipe with your pass and sign on with a supervisor (if possible).

 

If you cannot make it in at all, call in to your reporting center and let them know. If they say you'll be AWOL, don't get into an argument. Just take their name and let a union rep know.

 

If you are ill, call sick like you regularly would. The TA/OA cannot require you to get doctor's lines just because they've declared a snow emergency. If you book sick for one or two days, and you are NOT on the Sick Leave Control List, you do not have to provide doctor's lines. If you ARE on the Sick Leave Control List, get doctor's lines. And, as usual, everyone must submit their sick forms (with or without doctor's lines) within three days of returning to work.

Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or the FBI

Posted by sendmail156 on December 4, 2014 at 5:15 PM



Know Your Rights: What To Do If You're Stopped By Police, Immigration Agents or the FBI

 

We rely on the police to keep us safe and treat us all fairly, regardless of race, ethnicity, national origin or religion. This card provides tips for interacting with police and understanding your rights.

 

Note: Some state laws may vary. Separate rules apply at checkpoints and when entering the U.S. (including at airports).

 

Are you deaf or hard of hearing? Go to aclu.org/deafrights for an American Sign Language video on knowing your rights when you’re stopped by the police, starring Marlee Matlin.

 

WHAT TO DO IF YOU'RE STOPPED BY POLICE, IMMIGRATION AGENTS OR THE FBI (Download»;)

 

YOUR RIGHTS

- You have the right to remain silent. If you wish to exercise that right, say so out loud.

- You have the right to refuse to consent to a search of yourself, your car or your home.

- If you are not under arrest, you have the right to calmly leave.

- You have the right to a lawyer if you are arrested. Ask for one immediately.

- Regardless of your immigration or citizenship status, you have constitutional rights.

 

VIDEO

What To Do If You're Stopped By Police

» Watch the video >>

MORE

» Spanish: Qué debe hacer si la policía, agentes de inmigración o el FBI lo detienen

» Mobile: Know Your Rights When Encountering Law Enforcement

Video button» Button: Get an Image for Your Website or Profile

YOUR RESPONSIBILITIES

- Do stay calm and be polite.

- Do not interfere with or obstruct the police.

- Do not lie or give false documents.

- Do prepare yourself and your family in case you are arrested.

- Do remember the details of the encounter.

- Do file a written complaint or call your local ACLU if you feel your rights have been violated.

 

 

If You Are

...Stopped For Questioning

...Stopped In Your Car

...Questioned About Your Immigration Status

...Approached By Police Or Immigration Agents at Home

...Contacted By The FBI

...Arrested

...Taken Into Immigration (Or "ICE") Custody

If You Feel Your Rights Have Been Violated

If You're Deaf and Interacting With the Police

 

 

IF YOU ARE STOPPED FOR QUESTIONING

Stay calm. Don't run. Don't argue, resist or obstruct the police, even if you are innocent or police are violating your rights. Keep your hands where police can see them.

Ask if you are free to leave. If the officer says yes, calmly and silently walk away. If you are under arrest, you have a right to know why.

You have the right to remain silent and cannot be punished for refusing to answer questions. If you wish to remain silent, tell the officer out loud. In some states, you must give your name if asked to identify yourself.

You do not have to consent to a search of yourself or your belongings, but police may "pat down" your clothing if they suspect a weapon. You should not physically resist, but you have the right to refuse consent for any further search. If you do consent, it can affect you later in court.

 

IF YOU ARE STOPPED IN YOUR CAR

Stop the car in a safe place as quickly as possible. Turn off the car, turn on the internal light, open the window part way and place your hands on the wheel.

Upon request, show police your driver's license, registration and proof of insurance.

If an officer or immigration agent asks to look inside your car, you can refuse to consent to the search. But if police believe your car contains evidence of a crime, your car can be searched without your consent.

Both drivers and passengers have the right to remain silent. If you are a passenger, you can ask if you are free to leave. If the officer says yes, sit silently or calmly leave. Even if the officer says no, you have the right to remain silent.

 

IF YOU ARE QUESTIONED ABOUT YOUR IMMIGRATION STATUS

You have the right to remain silent and do not have to discuss your immigration or citizenship status with police, immigration agents or any other officials. You do not have to answer questions about where you were born, whether you are a U.S. citizen, or how you entered the country. (Separate rules apply at international borders and airports, and for individuals on certain nonimmigrant visas, including tourists and business travelers.)

If you are not a U.S. citizen and an immigration agent requests your immigration papers, you must show them if you have them with you. If you are over 18, carry your immigration documents with you at all times. If you do not have immigration papers, say you want to remain silent.

Do not lie about your citizenship status or provide fake documents.

 

IF THE POLICE OR IMMIGRATION AGENTS COME TO YOUR HOME

If the police or immigration agents come to your home, you do not have to let them in unless they have certain kinds of warrants.

Ask the officer to slip the warrant under the door or hold it up to the window so you can inspect it. A search warrant allows police to enter the address listed on the warrant, but officers can only search the areas and for the items listed. An arrest warrant allows police to enter the home of the person listed on the warrant if they believe the person is inside. A warrant of removal/deportation (ICE warrant) does not allow officers to enter a home without consent.

Even if officers have a warrant, you have the right to remain silent. If you choose to speak to the officers, step outside and close the door.

 

IF YOU ARE CONTACTED BY THE FBI

If an FBI agent comes to your home or workplace, you do not have to answer any questions. Tell the agent you want to speak to a lawyer first.

If you are asked to meet with FBI agents for an interview, you have the right to say you do not want to be interviewed. If you agree to an interview, have a lawyer present. You do not have to answer any questions you feel uncomfortable answering, and can say that you will only answer questions on a specific topic.

 

IF YOU ARE ARRESTED

Do not resist arrest, even if you believe the arrest is unfair.

Say you wish to remain silent and ask for a lawyer immediately. Don't give any explanations or excuses. If you can't pay for a lawyer, you have the right to a free one. Don't say anything, sign anything or make any decisions without a lawyer.

You have the right to make a local phone call. The police cannot listen if you call a lawyer.

Prepare yourself and your family in case you are arrested. Memorize the phone numbers of your family and your lawyer. Make emergency plans if you have children or take medication.

Special considerations for non-citizens:

- Ask your lawyer about the effect of a criminal conviction or plea on your immigration status.

- Don't discuss your immigration status with anyone but your lawyer.

- While you are in jail, an immigration agent may visit you. Do not answer questions or sign anything before talking to a lawyer.

- Read all papers fully. If you do not understand or cannot read the papers, tell the officer you need an interpreter.

 

IF YOU ARE TAKEN INTO IMMIGRATION (OR "ICE") CUSTODY

You have the right to a lawyer, but the government does not have to provide one for you. If you do not have a lawyer, ask for a list of free or low-cost legal services.

You have the right to contact your consulate or have an officer inform the consulate of your arrest.

Tell the ICE agent you wish to remain silent. Do not discuss your immigration status with anyone but your lawyer.

Do not sign anything, such as a voluntary departure or stipulated removal, without talking to a lawyer. If you sign, you may be giving up your opportunity to try to stay in the U.S.

Remember your immigration number ("A" number) and give it to your family. It will help family members locate you.

Keep a copy of your immigration documents with someone you trust.

 

IF YOU FEEL YOUR RIGHTS HAVE BEEN VIOLATED

Remember: police misconduct cannot be challenged on the street. Don't physically resist officers or threaten to file a complaint.

Write down everything you remember, including officers' badge and patrol car numbers, which agency the officers were from, and any other details. Get contact information for witnesses. If you are injured, take photographs of your injuries (but seek medical attention first).

File a written complaint with the agency's internal affairs division or civilian complaint board. In most cases, you can file a complaint anonymously if you wish.

Call your local ACLU or visit www.aclu.org/profiling.

 

This information is not intended as legal advice.

Produced by the American Civil Liberties Union 6/2010

 

 

Accidents

Posted by sendmail156 on October 30, 2013 at 6:05 AM

Please remember to report ALL accidents/incidents or alledged accidents/incidents to console before leaving the scene. When calling console about an accident/incident, be professional at all times and only provide the following information:


1. I was involved with an accident

2. Your Name

3. Your Pass

4. Your Route/Run

5. Your Location

6. If there are any injuries and if you need assistance e.g. police/ambulance.


If console ask you for more information concerning the nature of the accident, let them know you will provide that information to the dispatcher when they arrive at the seen because you are still shaken from the accident/incident. If console continues to insist, ask to speak to a union rep.


Please remember that all console conversations are recorded and may be used against you at a later date. Also, the bus video recordings may be used against you, so think before you say or write anything.


Leaving the scene of an accident/incident, is considered a serious violation by the TA and could lead to termination and/or the loss of your license for (1) year by DMV. DO NOT RISK IT.

Arrested

Posted by sendmail156 on October 29, 2013 at 6:45 PM

If you were arrested or believe you were arrested, you must notify the union and TA of your arrest at the earliest possible moment. Do not work until you notify the union and TA of your arrest.You must have documentation of the arrest (i.e.) any court document including the Penal Law (P.L.) number.

Your arrest statement should be: I was arrested on Thursday, May 30th, 2013 and was released on June 1st, 2013. I go to court on February 15th, 2013. Please see the attached documentation.

DMV NYS Medical Certification Letter

Posted by sendmail156 on October 29, 2013 at 6:55 AM

If you recieve a letter from NYS Medical Certification Unit, please fill out it out as follow: NY Drivers the third box down--- (EI) Excepted Interstate. Please make certain you have an (A3) restriction on your license. If not, you must go to DMV and fill out form MV44 ($17.50) and check off the (EI) box. Any quesions can be directed to the Medical Certification Unit at 518 474 3603. Address: New York State Department of Motor Vehicles, MEDICAL CERTIFICATION UNIT, PO BOX 2601 Albany, NY 11220-0601

Sick Usage

Posted by sendmail156 on October 29, 2013 at 6:30 AM

 

Don’t get written up for sick time!

CALL IN a minimum of one (1) hour before your report time to REPORT SICK. Upon your return to work SUBMIT YOUR TA SICK FORM.


SICK FORMS

ANYTIME you go sick (it does not matter how long), you must complete & submit a TA sick form within 72 hrs of retuning to work. RDO included. (Example: If you go“sick off run” for 5 minutes, you must submit a TA sick form.) Otherwise you will be disciplined and docked pay.


DOCTOR LINES

Additionally, you must submit doctors lines on a TA Sick Form if:

1. You are off sick for more than two (2) days (Employees in the 70%, more than three (3) days.)

2. You are on the sick control list.

3. You go sick before or after a holiday and you are given the holiday off. (including your birthday).


CHECK THE DR. LINES

• Make sure that your Dr. lines are completed correctly. The dates and illness that you called in for must be the dates and illness that the doctor certifies.

• If you do not understand something on your Dr. lines, ask the doctor to clarify it for you.

• Do not make any changes to your doctor’s lines, however innocent. You can be disciplined for it. Only your doctor can make changes.


30% OR HOUSE ARREST RULES

If you are in the 30%, you must call the crew dispatcher to let them know whenever you change locations.


70% YOU ARE NOT UNDER HOUSE ARREST.

If you are in the 70%, the 30% rules do not apply.


NO SICK INVESTIGATION

• On your RDO or if you are out “sick no work available” / HOTA / Medical Hold Out.

• More than two hours before your report time or more than two hours after your clear time or between 11pm & 7am.


COPIES

• As with any paper work, make sure you receive a copy of your sick form after the General or Crew Dispatcher signs it.


If you get held out by MAC, SEE YOUR DEPOT CHAIR.


How do you get on sick control?

If you have six (6) undocumented instances (no doctor's lines) in a running twelve (12) months period, you wili be placed on sick control.

If you have less than 50% of your work life sick balance and you have a recent pattern of four (4) (one (1) or (2) day instances, you will be placed on sick control.



Sick Leave Control Program

The Sick Leave Program is a way of controlling sick leave abuse and rewarding non-abusers.


1.An employee having five (5) unsubstantiated instances of sick leave absences in any running one year period will be counseled by his/her supervisor, at which time he/she will be advised and instructed to improve his/her sick record. The employee shall be paid for the time he/she is counseled and may have a union representative present if he/she request one.

*substantiated is when you have doctors certification

*unsubstantiated is when you do not have doctors certification.


2.Upon the sixth (6) unsubstantiated instance of sick leave absence in any running one year period he/she will be placed on the Sick Leave Control List and be so notified with a copy to his/her union representative. The employee shall be required to acknowledge in writing receipt of the notification that he/she is on the Sick Leave Control List.


3.An employee having a recent pattern of one or two day absences, with less than one half (1/2) of his/her possible sick balance in the bank, will be counseled by his/her supervisor and or personnel at 130 Livingston. The employee will be advised and instructed to improve his/her sick record. Should such pattern absences continue the employee will be placed on the Sick Leave Control List

*if you have a serious health condition, take care of a spouse, son, daughter,a parent who has a serious medical condition, about to give birth or placement for adoption/foster care you should apply for FMLA for your job safety.


4.An employee who is placed on the Sick Leave Control List must provide medical documentation for all sick leave absences including unpaid absences, regardless of duration. Failure to do so will be cause for loss of pay, if the employee would be normally entitled to, same and may be cause for disciplinary action. Employees hired on or after April 29, 1988 who at any time are in the Sick Leave Control List will not be granted sick leave pay for the first (1st) day of any sick leave instances while on such a list.

*each department might vary


5.Each Department must furnish daily to Absentee Control a list of all employees who are on the Sick Leave Control List and have reported sick.


6.The record of each employee on the Sick Leave Control List will be reviewed every six (6) months starting with the date the employee is placed on the Sick Leave Control List. If on the six (6) month review, the employee has two (2) or less sick leave instances during the previous six (6) month or four (4) or less sick leave instances during the previous twelve (12) months, his/her name will be removed.


7.In the event the employee was absent more than two (2) times during the six (6) month period or more than four (4) times during a twelve (12) month period he/she will remain on the Sick Leave Control List and may be subject to appropriate disciplinary action.


8.A notice will be sent to all employees who have been removed from the Sick Leave Control List, with a copy to his/her Union Representative.

*at the end of a calendar year if no days are taken employees will have the ability to cash out a specified amount of days




Additional Sick Pay


In addition to the sick leave required by Section 16-a of the Rapid Transit Law, the following additional sick leave shall be provided to each employee at sixty percent (60%) of what the employee would have been paid if he/she had worked in accordance with his/her regular schedule, subject to the terms and conditions hereinafter set forth:

Additional Days Per Sick Leave Year*

Employees with less than 4 years of service at the beginning of the sick leave year ...........................0




Employees with service from 4 years up to but not including 8 years at the beginning of the sick leave year:....................................15



Employees with service from 8 years up to but not including 14 years at the beginning of the sick leave year:....................................30


Employees with service from 14 years up to but not including 20 years at the beginning of the sick leave year:....................................60


Employees with 20 years or more of service at the beginning of the sick leave year .......................................90


*Unless otherwise indicated, a "year" is defined as the period between May 1 and April 30.


R. The additional sick leave days required under subsection (Q) shall not be accumulative from year to year but shall be available to the covered employees in each year. The additional days shall not be available to an employee unless he/she is absent for illness for nine (9) or more consecutive working days, in which event the employee shall receive pay to the extent provided in subsection (Q) above from the first day for which the Transit Authority is not required to pay him/her under Section 16-a of the Rapid Transit Law.


S. To be eligible to receive the additional days of sick leave on a sixty per cent (60%) payment basis provided by subsection (Q) above, during any sick leave year the employee must be eligible for an allowance of twelve (12) days of sick leave pay in said sick leave year under this Section.


T. An employee who has exhausted all his/her sick leave allowances at full pay, may elect subject to the approval of the head of his/her department to use any current vacation or accrued AVA days to which he/she may be entitled, in their entirety, before making application for sick leave at the sixty percent (60%) payment basis. If such absence is expected to continue beyond the end of the vacation year, the employee's leave of absence with pay for illness shall be interrupted for a sufficient number of days so that he/she may be paid for any remaining current vacation before the expiration of the vacation year. The employee must provide adequate medical evidence to show that the entire period of absence including vacation and AVA days used under this subsection was the result of one continuous absence.


 

TIPS TO AVOID SICK TROUBLE

Call in at least 1-2 hours before your tour of duty according to your respective department rules.


• Keep the nature of your illness generic e.g . stomach,  flu symptoms, diarrhea, etc. Avoid self-diagnosis. You are not a doctor. If you call in dizziness, chest pain, back injury, or injury to limbs you may be required to visit a MAC for tness to return to duty.


• If you are unable to call in within 1-2 hours, give the sick desk a specific reason why your call is late.


• A doctor’s certification is required for 2 or more sick days (30% category) or 3 or more sick days (70% category).


• If you change sick location (30% category) call the sick desk when you leave and when you return.


• Document all calls to the sick desk.


• Act civil if an investigator calls or shows up at your sick location. Don’t risk a disciplinary action by becoming over-emotional about it . Ask to see I.D. (70% category not subject to home visits).


• Call in and clear before returning to work if your department requires you to do so.


• 3 or more sick instances before or a er an RDO or on a speci c day may be deemed a pattern of abuse, (with less than half of your possible sick leave balance in the bank, you will be counseled by TA Supervision contract section 2.6U)


• 6 unsubstantiated instances may place you on the sick control list in a rolling 12-month period. Sick forms (Simple oversight may be interpret- ed as fraud)


• TA sick forms must be submitted to supervision within 3 days whether you visited a doctor or not. Failure to do so may result in discipline and loss of pay.


• If there is any discrepancy with the dates of ill- ness or the doctor’s certi cation or any mistake on the form regardless, do not submit, or attempt to correct with WHITE OUT or OVER WRITE it. Fill out a new form and have your doctor sign it again if you need doctor’s certi cation. is is very important. Simple oversight may be inter- preted as fraud! • Doctor’s signature and tax ID is required.


• Do not bring back forms signed by the recep- tionist or nurse. • Only the doctor or a certi ed assistant autho- rized to do so can sign the forms.


• Use your bene ts card to pay for your visit and get a receipt for your co-pay. is will help to ver- ify your visit if there is an investigation.


• The dates on your sick form should be compat- ible with your Doctor’s appointment. If there is a discrepancy ll out a new application and have the doctor sign again. Do not make corrections. (White-out or over write).


• The TA must give you 30 days to correct sick docu- mentation starting from when you are noti ed.


• If your illness is serious enough to keep you out for more than 2 or 3 days see your doctor right away.


• If there is a sick application investigation you may be required to sign a medical information release form to assist the investigation. Your signed authorization should only include dates related to the specific instance.


Chronic lness


• If you have a veri able chronic illness you may qualify for FMLA. Obtain the application forms from your supervisor and put in a timely appli- cation. Some examples of chronic illnesses are cancer, Crohn’s Disease, asthma, etc. Your doctor can verify this.


• If your illness is not chronic but may last more than 3 days, e.g. a broken hand from a non-job related injury, this may be FMLA qualifying. Only a doctor can certify FMLA applications. You are entitled to 12 weeks of FMLA per year if you have completed one year of service and 1250 hours.


•  The TA must give YOU 21 days to submit proof of a verifiable chronic condition. Long Term Illness


•If you are out long term the authority requires periodic resubmission of doctor’s lines or may even require you to visit the MAC if you are physically able to do so. Failure to submit timely documentation may be deemed AWOL.


• If you are absent from work for 21 days or more and you are returning to duty you may be required to submit to a complete physical de- pending on your illness, to determine your fitness to perform your essential job functions.


• Safety sensitive employees must submit to mandatory return to duty drug and alcohol testing.


These tips are merely guidelines and you should check and verify with your Union Representative the relevant Collective Bargaining rules and TA rule book interpretations.








TOP TEN THINGS MEMBERS NEED TO KNOW ABOUT WORKERS' COMPENSATION

Posted by sendmail156 on October 29, 2013 at 6:15 AM

Find a Worker's Compensation Doctor


NYC Transit is self insured and pays both Compensation and differential.



 1.    REPORT the injury to SUPERVISION as soon as possible.

   

The Workers’ Compensation Law gives you 30 days, but if you don’t report the Accident within the tour of duty in which the accident occurred, you will probably lose differential pay. COMPLETE THE INJURY ON DUTY REPORT WITH DIFFERENTIAL APPLICATION IMMEDIATELY Late filing may result in a DELAY in COMPENSATION PAYMENTS AND DENIAL of DIFFERENTIAL PAY. YOU MUST SIGN THE DIFFERENTIAL APPLICATION IMMEDIATELY.


You may report an injury no matter how slight. You may fill out Injury On Duty (IOD) papers for the record only. It is up to you ONLY if you fill out IOD papers. You do not have to go out on compensation because you fill out IOD papers. You may fill out IOD papers for medical benefits only and still work. 


If you need to file for a NYCERS disability pension, you MUST do so before you are terminated (after one year cumulatively on compensation for the same injury.


2.    See a Doctor that handles Workers’ Compensation cases.


The entire Workers’ Compensation System runs on medical reports.  The hospital, your family doctor, and other doctors who are not coded by the Workers’ Compensation Board will probably not file the C-4 reports you need to win your case. 


You must see the doctor at least once every six weeks as long as you are out of work.  If you don’t, the T.A. doesn’t have to pay you compensation. A doctor must cover you for every day of your compensation absence. Make sure to bring the C4/48 form to the depot and have it signed by a dispatcher. Always get a copy of the signed C4/48.


3.    File a C-3 Form with the New York State Workers’ Compensation Board.


You should receive a C-3 form as part of the incident report package.  They are also available at all locations of the Workers’ Compensation Board, online at www.wcb.state.ny.us (common forms), and also, contact a Lawyer.


4.    Get Legal Representation.


Neither the Transit Authority nor the Workers’ Compensation Board will make certain that you get the proper benefits.  It is likely that they will try to close your case without holding a hearing, and if there is a hearing the T.A. will have a lawyer there to represent the T.A.  You will probably need a lawyer and should have one sooner rather than later.


5.    Attend “I.M.E.” Exams.


YOU MUST ATTEND AND BE ON TIME FOR ALL IME APPOINTS.


There’s nothing “independent” about the “Independent Medical Examiners” (I.M.E.s) -- they work for the T.A. However, you still have to go to the exams.  If the I.M.E. gives you restricted or full work, you must report immediately. VERY IMPORTANT: You must go directly to the MAC and give a urine sample if given full work by the IME. (Always read the IME report).


When filling out questionnaires at the I.M.E. appointments, be truthful.  If you answer a question incorrectly, you may be accused of fraud, and if the board finds against you, you can lose all of your workers’ compensation benefits, be terminated, and prosecuted criminally.  Do not answer the question on the I.M.E. form that asks about prior illnesses, injuries, or limitations.  Just leave it blank and let the doctor ask you whatever specific questions he or she wants.  The question is too general and has caused problems for a number of Transit Workers.


BY Donald Yates Oa1: As of lately the Transit Authority has been investigating our members who are out on workers compensation. Unfortunately some of our members are being charged with comp fraud.

Workers compensation fraud will lead to the MTA bringing charges of dismissal.

Here's what you need to know:


1) when filling out the IOD form's read what you're answering carefully, and make sure the information is truthful.


2) when you are scheduled for the independent medical examiner better known as the IME, there will be forms you are required to fill out before each examination. Specifically what you can and cannot do. If you checked that you can't do certain things, don't do them. Example if you can't lift more than 5 pounds, be mindful of carrying groceries. Also on these forms the question is asked do you work, have you worked for the company or any other employer including self employment, if you answer no, it better be so!!!!

You can't even do your Avon business. Failure to answer these questioners truthfully can. And most certainly will get you terminated.


P.S. I almost forgot to mention that social media conduct is being checked especially when the MTA is investigating fraud, or conduct that in there view embarrasses the company. In other words, watch your off duty conduct!!!!!!


 

Compensation or Sick 60 days and/or 10 month letter:

 

While continuously out sick or cumulatively out on compensation for 60 days and/or 10 months, you will receive a standard Civil Service about being reclassified or you will be terminated. The only letter to be concerned about is the 10 month letter which states you may request to be reclassified or you will be terminated at your 12 month not at work anniversary (12 months continuously out sick or 12 months of cumulatively out on compensation). If terminated, you can ONLY be reinstated to the civil service title you held before you were terminated. If you are reclassified and accept a new civil service title, it is VERY difficult to return to your previous civil service title. If the TA does not find a new job for you in the six 6 months reclassification period, you will be terminated.




6.    Keep Track of Out-of-Pocket Expenses.


You are entitled to be reimbursed for travel to and from your doctors and the I.M.E. (if not using T.A. Metrocard), prescriptions, bandages, canes, crutches, etc.  Keep track of the expenses on a piece of paper, keep the receipts together, and give them to your attorney (with the total) at a hearing for submission to T.A. for reimbursement.


7.    Attend Hearings.


Be on time (early if possible).  Some judges will call your case precisely at the scheduled time and hold the hearing without you; other times, you will have to wait to be called.  It’s safer for you to be early than late.


 Bring your most recent medical report with you.


8.    Keep Track of Workers’ Compensation and Differential Payments.


Your Workers’ Compensation checks and differential checks are supposed to add up to your net pay in a base week.  If your workers’ compensation goes down, differential should go up to make up the difference.  Keep track of what you receive to make sure the T.A. is not cheating you.


9.    Keep Track of Your Earnings on Return to Work.


If you are making less money when you return to work, including loss of overtime due to injury, keep copies of your pay stubs.  If it can be shown that you are making less money because of your injury, you may be entitled to Workers’ Compensation for the loss of income.


10.    BE AWARE OF ALL OF YOUR RIGHTS.


Unemployment Insurance:  If your status is “restricted work, no work available,” you may be eligible for unemployment in addition to Workers’ Compensation.  You will have to tell unemployment that you have Workers’ a Compensation claim and that you are restricted.



Social Security Disability:  If you are out of work for six months and it appears that you will be out for over a year, you may be eligible for Social Security Disability.  However, unless the injury was the result of an assault, if you are out for one year you will be terminated under Article 71.



Crime Victims Compensation:  If the injury was the result of an assault, you may be eligible for Crime Victims Compensation Benefits.  Go to http://www.ovs.ny.gov for information and forms.


No-Fault: 

If you are injured while using or operating a motor vehicle, you may be eligible for No-Fault benefits additional to Workers’ Compensation benefits.  However, a No-Fault application must be filed within 30 days of the accident date.  If you were using or occupying a T.A. vehicle, the MTA is No-Fault insurer.  No-Fault applications are available.

Pension:  Application can be made to NYCERS for service or disability pension.

Long Term Disability: 

Many Workers have private disability insurance policies that pay for time out of work.  These policies are all different so you have to read your policy to find out if you are eligible, what the benefits are, and whether they are reduced (offset) by Workers’ Compensation payments.

Third Party Action: 

You cannot sue your employer or your co-workers (including supervisors) for negligence.  However, if you are injured because of the negligence of someone who does not work for the T.A. (an outside contractor, someone driving a private vehicle, etc.) you may be able to bring a lawsuit in addition to your Workers’ Compensation claim. Contact a lawyer if you think you may have a case.


Pay Problem: 

 

If you have issues with your compensation pay, you may consult your TA caseworker. If you do not know who they are, please contact your depot Safety Officer or Union Representative for the TA caseworker contact information. Your TA caseworker works for the TA.

 

 

 

While on compensation, you should receive two (2) checks which should add up to, less taxes, a forty hour 40 work week or run pay on assault. One check from TA/OA comp differential which deductions are taken & one TA/OA Workers Compensation which no deductions are made, thus causing you to have a a short fall in your pension contributions. To correct this deficiency you must get a letter from the Workers' Compensation Board of the time spent on IOD. Then take that letter to NYCERS (TA employees) (347) 643 3000 or pension (OA employees) (347) 643 8550. Then repay the pension deficiency.

 

 

 

Payments are not paid for the first seven days of your compensation disability, unless it extends beyond fourteen days. In that case, the worker may receive payments from the first work day off the job. At NYCT/OA, we receive differential payments which covers up to the first seven days. Please note that you will ONLY receive compensation payments from day 8 thru day 14 if your compensation disability does not go beyond 14 days.

 

1. Day 1 thru day 7 no compensation payments. You can receive differential payments.

 

2. Day 8 thru day 14 you receive compensation payments from day 8 to 14 only.

 

3. Day 1 thru day 15 you will be paid for all compensation days.

 

 

 

You may use up to 20 of your sick days to receive a pay check until compensation payments begin. The TA may controvert your compensation case if they have any issues with your compensation claim. In that scenario, your compensation payments maybe withheld until you have a compensation hearing to determine if your case is valid.

 

 

 

If you do not receive differential payments, please contact your case worker. If your differential are denied, you must ask you case worker for a denial of differential letter.

 

 


Keep Records: Keep detailed records of EVERYTHING compensation related.  


Cash benefits are not paid for the first seven days of the disability, unless it extends beyond fourteen days. In that case, the worker may receive cash benefits from the first work day off the job. Necessary medical care is provided no matter how short or how long the length of the disability.


Occupational Disease


An occupational disease arises from the conditions to which a specific type of worker is exposed. The disease must be produced as a natural incident of a particular occupation, such as asbestosis from asbestos removal.

A person disabled by a work-related occupational disease receives the same benefits as for an on-the job injury. However, the time limit for filing a claim is the later of two dates:

Two years from the date of the disabled worker's disability; or

Two years from the time the disabled worker knew or should have known that the disease was due to the nature of employment.

(In the case of death, the dependents must file within the stated time limits).

When a worker becomes ill from an occupational disease, he/she may be disabled even if there is no lost time from work. For purposes of determining the employee's right to benefits, the date of disablement is determined by a Workers' Compensation Law Judge.


Occupational Hearing Loss


In the event of occupational loss of hearing, other time limits apply. The waiting period for a worker to file a claim is his/her choice of:

  • Three months from the date the worker is removed from the harmful noise in the workplace; or
  • Three months after leaving the employment in which the exposure to the harmful noise occurred.
  • The last day of either 3-month period is considered the date the disability began. The worker may file beyond the two-year limit, if it is done within ninety days of knowledge that the hearing loss is related to his/her employment.

      

 Q. Are all disabilities covered under Workers' Compensation Law?

      

 A. No. Only those disabilities that are causally related to an accidental injury "arising out of and in the course of the employment" or to occupational disease, are compensable.

      

 Q. What if the worker fails to file a claim for workers' compensation?

      

 A. The worker may lose his/her right to benefits and medical care.

      

 Q. Is it necessary for the worker to retain an attorney?

        

A. No. W.C. Law Judges may assist a worker not represented by an attorney. An attorney's assistance may be desirable if the issues are complicated. Attorney's fees are deducted from the claimant's award, as determined by a Workers' Compensation Law Judge. A claimant must not pay an attorney directly.

        

Q. How is the weekly cash benefit for temporary total disability determined?

        

A. The weekly cash benefit for temporary total disability is computed by taking two-thirds of the workers' average weekly wage for one year immediately preceding the accident. It may not, however, exceed the legal maximum in effect on the date of the injury.

        

Q. Is medical care provided in the case of an accidental injury even when no claim is made for weekly cash benefits?

        

A. Yes. If medical care is necessary, it will be provided even though there has been no lost time from work (or less than eight days lost time) and no cash benefits paid.

        

Q. When must a physician request advance authorization for medical care?

        

A. The law requires a physician to request prior authorization for specialist consultations, surgical procedures, physiotherapeutic procedures, X-rays or special diagnostic laboratory tests costing more than $500 until July 10, 2007. As of July 11, 2007, the special services must cost more than $1,000 before authorization must be requested. However, as of March 13, 2007, insurance carriers are authorized to require claimants to obtain X-rays, CT Scans, MRIs and other diagnostic tests from a provider or facility within the network it has contracted with for such tests. If the insurance carrier has notified the claimant of this requirement, then the claimant must obtain diagnostic tests from a network facility or provider unless it is an emergency or there is no location within a reasonable distance from the claimant.

      

 Q. Are prescription drugs and medications covered under the law?

        

A. Yes. The claimant should send a receipted bill and letter from the attending physician to the insurance carrier, stating that the purchase was necessary and in accordance with the physician's direction. As of July 11, 2007, the law specifically authorizes pharmacies to direct bill the insurance carrier and requires the insurance carrier to pay for the prescription or reimburse the employee within 45 days of receipt of the claim for payment or reimbursement. It also allows the insurance carrier to contract with a pharmacy or pharmacies and require claimants to use the pharmacy or pharmacies to obtain their prescriptions. The only exceptions are when a medical emergency occurs and it is not reasonably possible to obtain immediately required prescribed medicines from such pharmacy or pharmacies or the pharmacy or pharmacies do not offer mail order service and do not have a physical location within a reasonable distance from the claimant.

        

Q. May a doctor proceed with care if the insurance carrier withholds authorization without reason?

        

A. Yes. When the authorization has been requested and withheld without reason for more than 30 days, the doctor may proceed to render the services required for the claimant's welfare. If the authorization is for a diagnostic test and the carrier has contracted with a network and requires claimants to use the network, the diagnostic test must be obtained from a provider or facility within the network.

        

Q. Must an injured worker submit to a medical examination when requested to do so by the employer or insurance carrier?

        

A. Yes. The employer or insurance carrier is entitled to have the worker examined by a qualified physician. Refusal to submit to an exam may affect the worker's claim.

        

Q. What happens when a claim is contested by the insurance carrier?

        

A. The insurance carrier contesting a claim must file a notice of controversy with the Board within eighteen days after the disability begins or within ten days of learning of the accident, whichever is greater. The carrier must give the reasons why the claim is not being paid. The issue is resolved by a W.C. Law Judge at a pre-hearing conference or a hearing.

      

 Q. May an insurance carrier suspend or modify the cash benefits?

        

A. In a case where the carrier has made payment without waiting for a Judge's decision, it may suspend or modify the payment based on payroll or medical evidence submitted to the Board.

        

Q. What can a worker do if he/she is not satisfied with the Judge's decision?

        

A. The worker may file with the Board a written application for review within thirty days of the filing of the notice of the Judge's decision. The application must specify why the claimant disagrees with the decision.

        

Q. What can a worker do if he/she is not satisfied with the Board's decision after an application for review?

      

 A. The worker may appeal to the Appellate Division, Third Department, within thirty days after the decision has been served upon the parties.

        

Q. What is the penalty for making a false claim?

      

 A. A person who willfully misrepresents the circumstances surrounding his or her case in order to obtain benefits is guilty of a felony.

        

Q. What do I need to do if my spouse/parent/child/grandchild(ren)'s has passed away while collecting workers' comp benefits?

        

A. Notify the Board and Insurance Carrier¹ immediately and submit (when available) a copy of the Death Certificate.

        

Q. As a widow/widower, will his/her compensation benefits continue coming to me once they passed?

        

A. In most cases benefits may stop. The widow/widower must file for a Workers' Compensation Death claim showing medical proof that the claimants death was related to the established work injury. If the death claim is found compensable, payments may resume retroactive back to the date of death.

        

Q. What do I need to do if my spouse/parent/child/grandchild(ren)'s death was because of his/her work injury?

        

A. File for a Workers' Compensation Death claim by completing and filing a C-62 with the appropriate documentation. You will also need to file the C-64 and, If you have it, file medical evidence from the last treating physician stating how the death is causally related to the original work injury/illness.

        

Q. What if my Child was killed at work and has no dependents; are there benefits payable for at least funeral expenses?

        

A. Parents who were not dependent on the deceased would be eligible for a no-dependency award if there were no spouse, children, or other dependent family members. They would also be eligible for up to the maximum allowed under Workers' Compensation for funeral expenses paid.

        

Q. I have been approached to consider settling my claim, what do I do?

        

A. Under the Workers' Compensation Law, any settlement, whether a stipulation agreement or a Section 32 Waiver Agreement, is a negotiation between you and the Carrier¹. The main difference is that a Stipulation is always subject to modification, with proof and the Boards consent, whereas a Section 32 can never be changed once approved by the Board (see Workers' Compensation law section 32).

      

 Q. What is a stipulation agreement?

      

 A. This is an agreement between the carrier¹ and claimant which is memorialized in writing on a Board-prescribed form, and placed on the record by the Judge. This agreement is usually to agree on a percentage of a schedule loss of use, level of disability, reimbursements to the employer, and/or what your weekly indemnity benefits will be.
For more information on stipulations, see Board rule 12 NYCRR 300.5.

        

Q. What is a Schedule Loss of Use Award?

        

A. This is an award that is issued by the Judge that determines the amount of loss of use you have to the injured body part (Usually limbs/digits). This percentage is determined by medical evidence such as treating doctors' report and the Independent Medical Examiners report, if any. This award is paid at your total disability rate as applied. This award is set forth in a Board decision, listing amounts as if they were lost wages, whether you have actually lost time or not. However, once an award is paid, if you have not been out of work for that amount of weeks, it is then considered an advance payment and if you go out of work due to this injury later on, you will not be paid for lost wages until the number of weeks is used up. If you have already been out of work for the amount of weeks of the schedule loss, you will not receive any further payments. But if you are out of work down the road, and used up the weeks of the schedule loss, you may be eligible for further monies.

        

Q. If I had a Schedule Loss of Use Award can I still treat with my doctor?

        

A. Yes

        

Q. What can I include in the Section 32 agreement?

      

 A. The Section 32 agreement is a negotiation; therefore you can include what you feel is in your best interest. There are times when medical is left in and just the monetary value is what is finalized. While many cases are based upon approximately (5) years of payments, remember it is a negotiation. Both parties have to be in agreement before it can be presented to the Board.

        

Q. What if I settled on a Section 32 and my condition gets worse?

        

A. You will be responsible for anything related to this injury, no one else.

      

 Q. What if I have extreme financial hardship or need surgery down the road due to the injury I settled with a Section 32?

      

 A. You are solely responsible for any bills related to this injury.

        

Q. Can I sue someone for my injuries since I settled my case?

        

A. No

        

Q. What if I have settled my case, but then reinsure myself at work again to the same thing and it is made worse?

      

 A. If this were to happen, you could then file a new claim. If the Judge were to determine that there would be an apportionment between the first injury and the new one, you would only get paid the apportionment amount from the new injury as the first injury case was settled.

        

Q. Can I file for a Death Claim if my spouse settled his/her case on a section 32 and has since passed away due to the injury/illness?

      

 A. Yes, only if the persons death was related to the actual injury/illness. ( Please see under the Workers' section on how to file a Death claim).

      

 Q. What can I do if I disagree with an MOD issued and the Full Board Review is denied?

      

 A. You have thirty days from the denial of the Full Board Review notice in which to file with the Appellate Division, Third Department, of the Supreme Court. This step is outside the Workers' Compensation System and there could possibly be a fee for filing the appeal. The Supreme Court does have programs in which to file as a poor person. Again, you would need to contact them.


What is the Advocate for Injured Workers?


The Advocate for Injured Workers accepts complaints concerning matters related to workers' compensation, investigates and attempts to resolve them. In addition, the Advocate provides information to injured workers to enable them to protect their rights in the workers' compensation system.

When calling the Advocate for Injured Workers, please have the following information available:

CLAIMANT'S NAME

CLAIMANT'S WCB NUMBER

TELEPHONE NUMBER, WITH AREA CODE

BRIEF DESCRIPTION OF THE PROBLEM AND ANY CORRESPONDENCE RECEIVED

For more information about your workers' compensation claim, please contact the:

Advocate for Injured Workers
1-800-580-6665
20 Park Street, Albany, NY 12207




 

 

COMP INFO FROM THE TA

 

 

 

1. COMPLETE THE INJURY ON DUTY REPORT WITH DIFFERENTIAL APPLICATION IMMEDIATELY Late filing may result in a DELAY in COMPENSATION PAYMENTS AND DENIAL of DIFFERENTIAL PAY.

 

 

 

2. READ THOROUGHLY STATEMENT OF RIGHTS published by the New York State Workers’ Compensation Board.

 

 

 

3. REQUEST FOR PAYMENT WHILE ABSENT DUE TO CLAIMED SERVICE-CONNECTED DISABILITY If provided for in the relevant collective bargaining agreement, NYC Transit Authority employees, who are not receiving workers’ compensation payments, may request to use his/her sick leave and/or vacation time beginning with the 11th day of absence by submitting the appropriate form. You should contact your supervisor and/or union representative if you have any questions about this process.

 

 

4. YOUR OWN PRIVATE PHYSICIAN'S CARE: Your physician must file a C-4 OR C-48 form with the Authority's Workers' Compensation Division and the Workers' Compensation Board as soon as possible. Absent receipt of the C-4 or requisite, acceptable medical lines (these must include diagnosis, medical findings, not solely conclusions, and a work status – see form supplied by Supervisor) from your treating physician by the Workers’ Compensation Division, your workers’ compensation* and differential benefits will not commence. Failure to submit medical documentation may result in your being considered absent without leave. Additional medical lines may be requested by the Workers’ Compensation Division. All physician medical invoices are to be mailed to the Workers' Compensation address listed below.

 

 

5. INDEPENDENT MEDICAL EXAMINATION (IME)

 

 

· REPORT TO AUTHORITY IME PHYSICIAN AS DIRECTED BY the mail notice you receive (by express and/or regular mail and possibly by hand). The notice will be received at least seven business days (excluding Saturday and Sunday) before the scheduled examination.

 

 

· A FAILURE TO REPORT TO THE MEDICAL IME EVALUATION may result in a denial of workers’ compensation* or differential benefits. If you have returned to work prior to the scheduled IME examination, you should check to determine whether the examination is still required.

 

 

· IF UNABLE TO TRAVEL TO THE IME EVALUATION: You must give your department and the Workers’ Compensation Division at least two business days advance notice if you cannot go to the consultant physician on the scheduled date. If unable to attend the Medical IME Evaluation, you must call/fax the Medical Consultant Unit listed below for notification. You will be required to prove your inability to attend. Ask your physician to provide his/her written opinion of your inability to travel. Absent such proof, your differential benefits may be jeopardized and you may be considered AWOL. If requested by the employee, the Authority may, based upon the circumstances, arrange for a home or hospital visit for evaluation of your medical condition.

 

 

* Subject to review by the Workers’ Compensation Board.

 

 

· OBTAIN WORK STATUS FROM MEDICAL IME AND RETURN TO YOUR DEPARTMENT. The IME Physician will give you a Medical IME Evaluation Form which will indicate your work status - Full Work, Restricted Duty or No Work. Unless you receive directions otherwise from your department, after you receive the Medical IME Evaluation Form return to your Department with the Form. Your department will determine whether work is available within the restrictions indicated by the Independent Medical Examination.

 

 

· IF YOU DISAGREE WITH THE WORK STATUS DETERMINATION: Contact your Department for instructions. If your physician's opinion regarding your work status differs from the Authority's IME physician, medical evidence (with objective findings) should be submitted in writing for review to the Injury Reporting Unit of your department and the Workers' Compensation Division at the address stated below. If you dispute a full or restricted work status give by the IME and do not return to work, you may be denied workers compensation benefits and or differential benefits. If you are uncertain about how to proceed you are to contact your supervisor and/or Union Representative for clarification.

 

 

· A COPY OF THE IME/MEDICAL REPORT will be forwarded to you.

 

 

· RE-EXAMINATIONS: You must continue to report to the Authority's IME physician as noticed in subsequent mailed notification, as well as by hand delivery at the current medical examination. You are required to bring current reports from your doctor concerning your medical status.

 

 

 

6. DIFFERENTIAL/ASSAULT PAY: Speak to your department supervisor and union representatives for forms and information regarding differential or assault pay.

 

 

 

Completion of Accident Report - The employee shall as soon as possible, complete and sign the Accident Report and give the signed Accident Report to his/her Supervisor. If an employee who is physically unable or otherwise fails to complete and/or sign the Accident Report with in his/her tour of duty, It shall then become the responsibility of the supervisor to complete and/or sign his/her name to the form in the place Identified for the Supervisor. The supervisor shall include the source of the information used to fill in the employee’s and his/her sections of the form. Notwithstanding prior completion and/or signing by a Supervisor, the employee shall complete and sign an Accident Report as soon as he/she is able to do so. Use of a local log or “first aid book” does not replace the requirement for an Accident Report.

 

 

 

Recurrence - A Recurrence takes place when an employee suffers disability as the result of a previously reported injury or illness “arising out of and in the course of employment” after a return to work from the original injury or illness.

 

 

 

A. For reporting purposes, notification of a Recurrence shall be treated the same as a new accident (See 11a 1-5). Anew Accident Report form shall be completed in which the employee sets forth how the alleged Recurrence took place and how the alleged recurrence relates to a previously reported occurrence. The Supervisor shall be required to complete the Supervisor’s section of the Accident Report.

 

 

 

B. If the employee IS not at work when reporting a Recurrence, He/she must contact his/her Department for instructions. The Department should obtain information as to the Recurrence to be set forth in the Accident Report including the source of the information. The Department shall fill out the employee’s section of the Accident Report and forward it in accordance with the instructions set forth in 11a, 5. Workers’ Compensation Lost Wage Claim Review

 

 

 

1. Lost Wage Claim - A Workers’ Compensation Claim exists whenever there is an accidental injury or disease arising out of and in the course of

 

 

employment, resulting in medical treatment and/or lost time from work. There are no Workers’ Compensation lost wages due for the first five (5) work days of disability unless the disability is more than ten (10) work days.

 

 

 

2. Timeliness of Payments - The first payment to an employee is required within eighteen (18) days after the ‘first day of disability,” defined as the first day of regularly scheduled work after the day an employee is unable to work due to a work-related injury/illness. Subsequent payments are required to be made hi-weekly thereafter. To review, adjust, and process Lost Wage claims in a timely manner, the Worker’s Compensation Subdivision must promptly receive, as set forth in this Policy/Instruction, the Accident Report and Lost-Time Report, both from the employee’s Department, and the Medical Report from the Medical Services Division and/or the consulting physician’s report.

 

 

 

Processing of Checks

 

 

A. For Compensation Lost Wage payments for temporary disability cases, the Workers’ Compensation Subdivision shall draft the checks and prepare a summary listing the names and addresses of the employees entitled to checks. The Treasury Department shall, within one business day of receipt of the checks and accompanying transmittal summary, Issue and mail the checks to the named payees.

 

 

 

B. For Compensation payments for permanent disabilities, the Workers’ Compensation Subdivision shall provide vouchers Bi-weekly, together with a listing of the employees’ names and addresses to the Disbursements Department. The Controller’s Department shall issue and mail the checks to the named payees in accordance with the payment schedule submitted by the Workers’ Compensation Subdivision.

 

 

 

 


Are you owed money?

Posted by sendmail156 on January 29, 2013 at 7:25 PM

You May Be Owed Money....

Here's where you can find out.


State-held unclaimed property: Visit NAUPA's unclaimed.org for a map with links to each state's program.


Life insurance: For benefits not held by the state, check the insurer's site directly. For example, MetLife has an online search.


Pensions: For Pension Benefit Guaranty Corp. benefits, visit the agency's online search directory.


U.S. savings bonds: More than 45 million matured savings bonds, worth nearly $16 billion, remain unredeemed, according to the U.S. Department of the Treasury. To search the database, visit treasuryhunt.gov.


Tax refunds: In 2011, the Internal Revenue Service said it had $153.3 million in tax refund checks that were undeliverable. To make sure you've received your checks, visit the IRS's Where's my refund? tool.


Overbid proceeds: If a foreclosed home or tax lien for delinquent taxes is sold at auction for a price above the money owed, the former property owner is owed the so-called "overbid proceeds," which are typically held at the country level. But, counties typically send notifications about the funds to the foreclosed address, so many people remain unaware of the extra cash, according to Mary Pitman, author of "The Little Book of Missing Money." These funds are different than other unclaimed funds in that the property owner's claim in some counties only last a few years. Contact the county clerk to find out which local agency holds the funds..



Rss_feed

Oops! This site has expired.

If you are the site owner, please renew your premium subscription or contact support.