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    DDORNYC's Avatar
    DDORNYC Posts: 1, Reputation: 1
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    #1

    May 22, 2015, 01:31 PM
    Employee had injury at work, was only absent 2 days. Who pays and how?
    Hello New Friends,

    An employee injured his hand and was only out for 2 days. He was authorized to come back to work by the doctor. As I understand, worker's comp is only utilized if the person is absent for more than one week. If it was a job related injury, but employee was only out a few days, does the employee have to pay his own medical bill? The Company is in NY in case the laws are different. Thank!
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    May 22, 2015, 01:39 PM
    I don't know the specific workers compensation rule in New York, but in general the employer (or the worker's comp. carrier) has to pay the medical expenses for work-related injuries, whether or not any time is lost from work.

    For further information, one can look here. I don't see an exception such as the one you describe.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 22, 2015, 01:53 PM
    Doesn't the employee have medical insurance?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #4

    May 22, 2015, 02:06 PM
    Quote Originally Posted by ScottGem View Post
    Doesn't the employee have medical insurance?
    If he or she did, the medical insurance would be subrogated to the WC carrier.
    ma0641's Avatar
    ma0641 Posts: 15,675, Reputation: 1012
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    #5

    May 22, 2015, 02:25 PM
    WC would be primary for the injury. The employer may pay for the lost wages or salary but after 7 days LT it would probably also go the WC carrier.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    May 22, 2015, 06:53 PM
    It is reported, and workers comp will pay for the medical bills.
    The issue of the lost time from work, It is possible that they do not pay for lost time from work, unless it is over a week.

    This is also why you call and talk to your WC company, if and when there is questions.

    Also all business must have posted, a sign which explains their rights under WC, and how the worker can contact the WC company.
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