Protecting Your No Fault Wage Loss Benefit During the COVID-19 Pandemic

Have you received a letter that your No Fault Wage loss benefits may be at risk? If you are injured in a car accident and are receiving No Fault wage loss benefits, you need to provide the No Fault Insurance carrier with proof of your on-going inability to work in order to receive your wage loss benefits. Typically, this proof is an Out of Work note from your doctor that you are unable to work due to the injuries you sustained in the car accident. The Insurance carriers requires these Out of Work notes every 30 days.

You Can Still See a Doctor During the COVID-19 Pandemic to Protect Your No Fault Wage Loss Benefits


If your doctor’s office is not open during the COVID 19 pandemic, you can utilize telemedicine to continue to see your doctor and get the documentation you need to continue your No Fault wage loss benefits. The NYS Dept. of Financial Services has recognized recent emergency amendments to 12 NYCRR Sections 325-1.8, 329-1.3, 329-4.2, 333.2, and 348.2 (Covid-19 Telemedicine) by the Workers' Compensation Board that shall apply to No Fault insurance claims effective March 16, 2020.

NYCRR § 325-1.8(b) Telemedicine, using two-way audio and visual electronic communication, or treatment via telephone, may be used by authorized providers where medically appropriate for social distancing purposes due to the outbreak of COVID-19 during the state of emergency in accordance with the Department of Health COVID-19 Medicaid Guidance and Guidance issued by the Centers for Medicare and Medicaid Services. The authorized provider shall indicate on their report that such assessment was done using telemedicine by use of modifier 95 and indicating a place of service as 11, or telephonically by indicating place of service as 02. The provider shall also confirm the employee’s identity as well as provide basic information about the services the employee is receiving by telephone or telemedicine.

Don’t Let Your No Fault Wage Loss Benefits be Compromised!
Contact Your Doctor About Setting up a Telemedicine Appointment Today.


CNY Doctors telemedicine links

  1. Syracuse Orthopedic Specialists: https://www.sosbones.com/sos-virtual-visits/ 
  2. Upstate Orthopedics: https://wp02-media.cdn.ihealthspot.com/wp-content/uploads/sites/91//2020/04/14074136/Upstate-Ortho-Covid-19-Response-REVISED.4.pdf
  3. Orthopedics East is not currently offering telemedicine, but if you are a patient there, please contact their office at 315-251-0401.
  4. New York Spine & Wellness. Effective 4/15/2020, NY Spine and Wellness is offering telehealth visits. Please contact their office at 315-552-6700.

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