Legal Question in Workers Comp in New York
dental injury
are all employees working in new york covered by workers comp?. I sustained a dental injury front tooth knocked out- needed root canal and crown. They said it was my fault for not standing far enough away--name removed--rock shot up and hit my mouth. My dentist said this should be under workers comp but they are putting it through my regular dental insurance which i have to pay the co-payments is this right. this will use up all of my dental benefits for the year. They told my dentist we don't have workers comp all our claims go through our medical plan. Something seems wrong.
2 Answers from Attorneys
Re: dental injury
You are correct - something is not right. Workers' compensation is a no-fault system -- it does not matter if you were at fault (unless you injured yourself on purpose). Even if the company does not have comp coverage, you can still make a claim. Please feel free to contact me if you wish to retain a comp lawyer.
Re: dental injury
There is something definitely wrong. They are required (with some exceptions) to have workers comp and fault is not relevant. Make sure dentist files it as comp and fill out C3 form to make claim. You can get them at comp board web site. Or contact attorney ASAP.
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