WNYLaborToday.com Editor’s Note: Pictured above, Niagara-Orleans AFL-CIO Central Labor Council President Jim Briggs (on the left) presided over the Labor Council’s recently-held Education Session - How To Assist Your Members Through The Worker’s Compensation System.  “‘We need honest, Worker-friendly people so you can get (100%) of what you deserve.’  ‘We’ have to navigate the Workers’ Comp System - ‘it’s eroded, but it’s our system and we should be using it,’” Briggs told the several dozen area Labor Leaders and Representatives during one of the Council’s best-ever Workers’ educational presentations, which offered observations and advice from a number of regional and New York State Health Care and Legal Professionals, as well as Worker Advocates.  (WNYLaborToday.com Photos)

(NIAGARA FALLS, NEW YORK) – You’re injured at work, so what do you do now?  Too many Workers, both Union-represented and Non-Union, struggle with an answer - really not knowing what to do.  Do you report your injury immediately to your employer or do you wait to see how bad it really is?  Can you just shake it off or do you feel that if you don’t address it soon, you’ll be suffering its damage weeks or months down the line?

They’re all good questions to ask, many of which were offered up to a host of Legal and Health Care Professionals and Workers Advocates by the more than 70 area Union Leaders and Representatives who showed up and took part in the Niagara-Orleans AFL-CIO Central Labor latest Educational offering - entitled: How To Assist Your Members Through The Worker’s Compensation System, that was recently held in Niagara Falls.

Delivering a sobering fact, Niagara-Orleans Labor Council President Jim Briggs told those in attendance: “We have a government ‘that doesn’t respect injured Workers.’  We have ‘companies hiring’ Doctors (who more times often than not issue diagnosis that do not favor the injured Worker).  ‘We need honest, Worker-friendly people so you can get (100%) of what you deserve.’  ‘We have to navigate’ the Workers’ Comp System - ‘it’s eroded, but it’s our system and we should be using it.’” 

“Say you got COVID at work,” Briggs continued, using the Coronavirus Pandemic as an example.  “‘What happens to you five or ten years from now (if you don’t report it immediately)?’  ‘If you’ve gotten COVID at work, file’ (a claim). ‘We’re not really telling you who to go with (for professional help), but we’ve brought together several individuals tonight who can help you out.’”

Over the course of the next couple of hours, speaker after speaker made solid presentations and patiently answered questions, including: Attorney Jack Stiefel from the Law Firm of Lewis & Lewis; Dr. Franco Vigna from the Revive Spine Center; Dr. Scott Croce of Erie County Chiropractic; Pain Management Specialist, Dr. John Swinarski, also of the Revive Spine Center; Dr. Michael Schmidt, a Hearing Specialist from Accura Audiology; Kristin Brant-Kusz from Excelsior Orthopedics; Nevenka Micev from the Injured Workers Pharmacy; and Injured Workers Advocate Joseph Cavalcante from the New York State Workers’ Compensation Board.

Representatives from the Center for Occupational and Environmental Medicine at the Erie County Medical Center in Buffalo were also on hand to distribute a host of informational materials.

But the underscoring advice, made again and again and again, was - don’t wait, make your employer aware of your injury, document it thoroughly and make the necessary arrangements in filing a trackable claim with the Workers’ Compensation Board - or risk the consequences, including a major fight with your employer.

“A slip, a trip or a fall - ‘there is no definition of an accident,’” Attorney Stiefel (pictured below) of Lewis and Lewis told the Union Representatives.  “(An injury) ‘needs to be translated - immediately and (the employer) must be served notice.’  ‘Write things down.’  When you report it, then (the employer) ‘has to’ (report the accident).  ‘If not - what happens (18) months down the road?’  ‘So write everything down.’  ‘You don’t want to be dealing then with a neck or spinal injury (in the future).’  (After that), go to a Doctor (for a diagnosis) ‘and then go from there.’”

Lewis and Lewis Attorney Emily Janicz emphasized: “You ‘have to provide a notice to your employer within (30) days, so save any text, e-mails or voice messages’ (that an injured Worker may have sent or made to use in their case/claim).  ‘You have to prove - everything.’”   

And when it comes to occupational diseases, Lewis and Lewis Attorney Emily Downing said: “These (health problems) ‘come on over the course of time, based on exposure.’  ‘Remember, Workers Comp will pay (the Worker) lost wages and benefits.’”

Dr. Vigna (pictured below), meanwhile, underscored the advice provided by the Lewis and Lewis Attorneys: “‘Absolutely - if you do not document (the accident and details of the injury), it does not exist.’  It’s ‘very important (that you tell your employer) everything, up front.’  ‘And if it’s your back, don’t think that your back pain will go away in a few days.’  ‘If you don’t document and justify your injuries and go to the Workers’ Compensation Board (without it), it will a pain in the butt.’  ‘And it doesn’t matter if your pain does go away, if you don’t document it (and it comes back in weeks or months), you’ll wind up in a court battle.’”

Vigna also made it a point to say that “the Attorney you go to (to represent a Worker in an injury claim) ‘really, really matters.’  ‘You have to pick up on the (injury’s) nuances, so it’s very important to go to someone who will listen to you, who will help you (properly) document your injury and who will back you up.’”

Vigna implored all in attendance: “Educate your Members!”

Added Stiefel: “And Docs ‘have to stick up for themselves too.’  ‘If not, they’re not helpful’ (to the injured Worker or the Attorney representing that Worker).”

Brant-Kusz of Excelsior Orthopedics said: “You ‘need to learn what to do (if injured on the job) and what to expect’ (of the overall process - from initially documenting the injury to seeking both treatment and representation, as well as going up against the Workers’ Compensation Board).  ‘It’s all really important.’  ‘You first have to advocate for yourself - that’s super important.’  ‘And, file that claim.’”

Dr. Schmidt (pictured below) of Accura Audiology discussed traumatic hearing loss problems associated with Workers employed inside plants, where being exposed to loud-operating machinery without proper safety precautions can create long-term problems.

“You have (90) days to be tested (if a Worker believes they’ve suffering a loss in their hearing while working on the job).  ‘You need a full evaluation and a take a comprehensive exam, including one with an Ear and Throat Specialist - and these (professionals) will guide you through the process,’” Dr. Schmidt said.

Dr. Croce (pictured below) of Erie County Chiropractic, who spoke of his parents both being Union-represented in their jobs, said it was a sorry fact, but “Workers can’t get the health care they deserve.”

“That’s why ‘you have to rate their disability (caused by an on-the-job injury), so they can be referred’ (to a Specialist who can help them),” he said.

Micev made those in attendance aware of the Injured Workers Pharmacy, “the ‘only one in all of Western New York.’”  “We provide overnight, next day, home-delivered medications - and we’ll never send you a bill,” she said.

Speaking last, Cavalcante (pictured above) of the State Workers’ Compensation Board Creating talked about the importance of the injured Worker creating “audit trail.”

“‘Get medical attention and tell everyone about it.’  If you tell your employer, ‘they have to tell their insurance company, who will then tell us.’  Send an e-mail or create a document (and step-by-step, go through what happened, including times and dates).  ‘Don’t write it out (long-hand) and don’t do it in just a text.’  ‘Can you find an old text (that you quickly need, but cannot locate on your phone)?’  ‘Lost wages depends on how disabled you are.’  ‘And if you got COVID on the job, you need to file a claim,” Cavalcante stressed to those in attendance.

WNYLaborToday.com Editor’s Note: For More Information, Visit The Web Sites Of Those Health Care And Legal Professionals & Worker Advocates Who Spoke At The Niagara-Orleans Labor Council’s Education Offering: www.lewislaw.com; www.revivespinecenter.com; www.excelsiorortho.com; www.wcb.ny.gov; www.iwpharmacy.com; www.accuraaudiology.com; www.eriecountychiropractic.com And www.ecmc.edu/health-services-and-doctors/center-for-occupational-environmental-medicine/.