2. COMPLETE A WORKER”S COMP PAKCAGE AND IF RE-OPENING, A C-3# AND C-4 FORM TO THE COMP UNIT.
You must fill out a complete Workers’ Comp package, commonly referred to as a “LODI  package.”  If you have a old case and are looking to re-open it, have your doctor complete a C-4 (physicians Report) and turn that in to the FDNY Comp Unit or directly to Workers’ Comp to request a hearing, or to your Comp Lawyer.  If you file a separate C-3, and Employees Claim for disability, file that too with the State not the department.  The C-4 is your doctor’s statement that you are in fact injured and it was caused by work.  Your doctor MUST submit a C-4 every time you see them to keep your case open and this must be done every 45 days.
     Sometimes, the FDNY will not simply open an old comp case or generate one from an exposure report and pay you LODI on it without a fight.  You must make sure you stay in touch with your comp rep/lawyer and give them copies of your C-4s from your treating physician.  You may need a Workers’ Comp hearing to force the Department to pay a claim, and that may take some time, but is worth the effort. If you hire a comp lawyer they will file the forms for you, if you case is closed you may do it yourself.  Remember you have 18 years to re-open an old claim.  The longer it is closed the more difficult it is to re-open. 

3. SIGN YOUR OPTION AND CHOOSE LODI
There are 2 pages you need to be concerned with.  The first is the Option Page.  DO NOT LISTEN TO PEOPLE TELLING YOU WHAT TO CHOOSE!  Know what you are choosing and make a decision.  
OPTION ONE, mean that if you were to be denied LODI, or run out of LODI time, you with the Department to use your Sick and Vacation time to keep you on payroll.  This is important to keep you health insurance for your non service connected illnesses/family coverage and prescription, vision and dental active, to continue to make pension contributions, and pay union dues and keep money coming in!  Option one means you choose Workers Comp With Pay, while you have leave balances.
OPTION TWO, means that no matter what happens, even if you run out of LODI time, or are denied LODI and are not going to be paid, you DO NOT want the FDNY to touch your leave balances.  This is the Workers’ Comp Option without pay, as you have no time left.
    This is the best scenario. It keeps you current with your pension payments, and insurance, and the last thing you want is to prevent that paycheck from coming in!  If you use these leave balances for a Workers’ Comp injury, advise you’re Comp Lawyer/Rep and they will make a claim to get most of that time restored to you.  
     LODI OPTION vs. COMP OPTION, this is irrevocable once you select it, like the Options described above. You should be selecting LODI as it is the best option to protect your rights and continue to receive your benefits. If you choose the Comp Option, you will be paid if you choose option one till those balances run out, and then you will be placed in the Option two categories, which is without pay.  In order to see an income, you would have to get a Comp Hearing and apply for weekly compensation from the state which at this time is at a maximum of $400 per week.

4. GET THE PROPER MEDICAL CARE
You MUST SEEK OUTSIDE MEDICAL CRE IMMEDIATELY FROM A DOCTOR THAT ACCPETS WORKERS” COMP! Do not rely on the FDNY BHS to treat you.  They do not examine you thoroughly and do not act in your best interest. Make sure the doctor file the proper C-4 to Workers; Comp and if you need an authorization for treatment or surgery bring the C-4 and a note from your doctor to BHS and give it to the doctor in BHS.  Ask them for the authorizations.  If you are told that you have to go through the Law Department, or they will not give them to you and your Comp case is open, call the Union office before you leave BHS..  The FDNY worked out an arrangement to give authorizations to you so you do not have to wait long periods of time for the Law Dept. to give them to you.  This expedites your recovery and the amount of time you stay out on LODI.  Above all, remember NOT TO USE BHS ONLY!  You need a personal treating physician that is a Comp Doctor. The other major reason, if you go to BHS only, they do not bill the Law Department for the visit, and it will appear to the State that there is no activity on your injury and that you must be cured since they see no bills.  Thus, after a few weeks, they will close your case.  THIS IS NOT GOOD! 

5. GET COMPETENT WORKERS” COMP REPRESENTATION
When you file a Comp claim, you must be prepared to fight for your rights.  The Department Comp Unit and the Law Department have it is practice to deny claims in unison on the advice of each other.  Your Comp representative/lawyer will help you navigate the Comp system and assure you your rights. These representatives/lawyers are available at no out of pocket expense to you.  They are paid by a Comp Judge only when you receive payment of the City is credited for paying you LODI.  A portion of those monies are paid directly to the Comp rep and those fees are small, usually between 5%-15%. 

6. PREPARE YOURSELF FOR THE IME
The Law Department may order you to be examined before the “IME,” The Independent Medical Examiner.  These doctors are hired by the Law Department to reduce cost and expenses.  They do not always look out for your best interest.  It is better if you go to these examinations that you bring a witness or request to have it taped.  The Law department will then use the IME report against you to prevent having to authorize treatment.  You will require a hearing to fight it, and may even have to have your doctors give testimony. Some IME’s have been reported to be nice initially, and then rude and tried to force the employee back to work with their report, by saying there is nothing wrong with you. Always show up for the IME, and if the IME refuses to be videotaped or have a witness with you, it will only help you later, just make sure you advise your Comp Rep.  These appointments are also supposed to be near your home, as you are not supposed to travel far to go to them according to the law. Take notes after to document how long you saw the doctor, how long you waited, and what the exam consisted of.  Remember, these IME doctors work for the Law Department, not you.

7. WHAT TO DO IF YOU ARE OUT AN EXTENDED PERIOD OF TIME WITHOUT INCOME
     If the FDNY fights your claim, you may be denied LODI and Workers’ Compensation and it may take a few months to get a decision in your favor. (Most members eventually win) Sometimes the FDNY drags out this process, till you either give up the claim, or go back to work injured. If you are out so long as that you have burned up your leave balances, these are some other options to initiate to help yourself.
•     SSI or SSD: Most likely you will not qualify for SSI (Social Security Income, as you would have to be off payroll a long time to show your income is low enough to qualify for, but it never hurts to apply and be told you do not yet qualify.  Once you are denied, remember denials are never permanent. In the future you can always try again.  SSD is Social Security Disability, and once you are out of work for four (4) months, and will be disabled for 12 months or more, you should apply for it.  You can call the toll free line, 1-800-772-1213 and you can apply for benefits write over the phone.
•     UNEMPLOYMENT BENEFITS: You are entitled to Unemployment Benefits while the FDNY disputes your Comp Case.  The only exception here is if you are claiming or a judge has determined that you are disabled from performing any work.  You may be disabled from doing your EMS job, but you can still do some kind of Light Duty and if the FDNY refuses or tells you there are none available, you can apply for Unemployment. You need to advise Unemployment that you have a few medical restrictions, but can still work and you need keep track of your efforts to get an assignment. Record, dates and names of people you spoke to. If you get denied Unemployment, contact the union office for assistance, these are usually won.
•     OTHER RESOURCES: You can apply for Good and Welfare benefits from the Personal Services Unit at DC37, the Honor Emergency Fund for financial help, or contact the City for Social Services.  Other groups like the Catholic Charities also provide help.