Page 15 - Work Force April 2022
P. 15
Two-year statute of limitations for COVID-19 Workers’ Compensation claims closing for early exposures
With the two-year statute of limitations fast approaching for Workers Compensation claims filed over work-related COVID-19 exposures from when the global pandemic began, union members who believe they were exposed
at work should know about and exercise their rights before it’s too late.
CSEA and its endorsed legal provider, Fine Olin & Anderman, LLP (FOA) have provided information regarding COVID-19 and the rights
of workers since the Spring of 2020. Information is available to members at FOA’s website at www.foalaw.com/ csea-members/.
CSEA members NEED to be aware that although the Workers’ Compensation Law is considered a no-fault statute, it is an adversarial proceeding, which means that the insurance company always has
a representative looking out for their own interests. Therefore, it’s important for members to obtain legal representation as soon as
possible. As CSEA’s ONLY legal service provider for workers’ compensation, social security disability and personal injury, Fine, Olin, and Anderman, LLP (FOA) will represent the interests of CSEA members.
FOA will review the circumstances of the accident to determine if
there are other legal actions that
the injured worker may be entitled to claim. FOA will file the initial
claim form with the Workers’ Compensation Board and contact the doctor to obtain the proper medical reports. Should a hearing or deposition be necessary, an attorney will attend and represent the interests of the injured worker. FOA attorneys negotiate settlements and if a resolution cannot be agreed upon, they will gather the evidence, participate in trials, and file appeals if necessary. FOA will fight for
CSEA members to get the medical treatment they need as well as any reimbursement for out-of-pocket expenses. Attorney fees are only
payable when an award is made and there are many cases where fees are not even applicable.
Although an injured worker can represent themselves, it is important to remember that the insurance company is always represented, so
members should take advantage of this CSEA benefit and contact FOA at 800-342-4146. It is also important to know, if you get your own attorney, you may be subject to additional costs and less services.
CSEA Legal Services Program
Taking Care of Business
Legal Services Plan
Workers’ Compensation
Social Security Disability Benefits
Personal Injury Claim Veterans Disability Benefits
The CSEA Legal Department oversees the Legal Services Program and CSEA has endorsed the statewide law firm
of Fine, Olin & Anderman, LLP, to represent members for injury-related matters. For further information, call the CSEA Legal Department at 1-800-342- 4146 or FOA directly at 1-800-522-9001.
WE CAN HELP!
CSEA updates Clean Up Safety mobile app
ALBANY — Some of the most dangerous and deadly jobs are those of workers performing waste pickup and disaster cleanup.
The hazards are numerous, and CSEA members doing this work need to be aware of the laws designed to protect them and best practices to do this type of work more safely.
That’s why our union recently updated our Clean Up Safety mobile app, available now for download for either Android or iOS operating systems.
The updated app, developed
in collaboration between our union’s Occupational Safety and Health and Information Technology Departments, was first developed in 2015 through a grant from the
National Institute of Environmental Health Sciences. The updated app launched April 1, in conjunction with CSEA’s Statewide Conference on Occupational Safety and Health.
The new app features a completely redesigned visual interface to make navigation clearer and easier. This update also improves accessibility, with better support for large text sizes and new gestures to handle navigation and zooming in on the screen.
“We’re pleased to make this updated app available to members working in these very dangerous professions,” said CSEA President Mary E. Sullivan. “We want to make sure they have the necessary knowledge and tools to make their
work as safe as possible, and this app helps make that happen.”
Sanitation remains one of the most dangerous occupations in the United States. According to the U.S. Bureau of Labor Statistics, sanitation workers are 10 times more likely to be killed at work than the average worker.
You can download the Clean Up Safety app from either the Apple or Google Play stores, or from CSEA’s website at: https://cseany.org/clean- up-safety.
— Mark M. Kotzin
cseany.org/clean-up-safety
April 2022
The Work Force 15