PEP, May 2005: Workers Comp. Navigating the system.

By JANE LaTOUR

Over 200 members of DC 37 and other unions attended a daylong conference April 9 to learn about the rights of the injured workers in the Workers’ Compensation system.

“I came because I want to bring our members good information,” said Local 1931 Secretary Michael Gatti, a participant in the in-depth tutorial.

“Our TBTA maintenance workers constantly have injuries on the job. People get shuffled around and some are afraid of the repercussions if they push for their rights within the system. With conferences like these, hopefully people will learn what they’re entitled to,” he said.

State Workers’ Compensation Board Chair David Wehner kicked off the program with a short presentation about some of the gaps he sees in the system. “We need to expand the office of the Injured Worker Advocate and we need Spanish-speaking advocates,” he said.

A panel of injured workers presented their personal stories about navigating the system’s shoals. Cathy Shelburne’s work as a videotape editor left her disabled at 38 by a muscular-skeletal disorder. Her 10-year odyssey through the system has made her an expert. “You have to be your own advocate. You have to educate yourself, keep a paper trail and help your lawyer help you,” she advised.

Attorneys specializing in Workers’ Compensation and disability gave concise presentations on the ABCs of the system, from filing the claim to surviving while waiting for your case to be established. “Our goal is to make sure people get the benefits they’re entitled to,” said attorney Robert Grey.

Inadequate payments
DC 37 Safety and Health Director Lee Clarke moderated the program. She skewered the system that leaves injured workers without financial support at their time of need. “At $400 per week, the New York State’s maximum benefit compared with average weekly wage is the lowest in the country,” she explained.

Participants were able to select from a menu of four workshops covering practical advice for injured workers, Social Security Disability, special problems of immigrant workers in the Workers’ Compensation system, and occupational diseases, with a special emphasis on repetitive stress injuries.

Co-sponsors of the conference included DC 37, the New York Committee on Occupational Safety and Health, New York State AFL-CIO, and Cornell University’s Union Leadership Program. This was the second conference on Workers’ Comp sponsored by these organizations. The first, on March 18, focused on the crucial “Fight to Improve New York State’s Workers’ Compensation System.”