How do I file a claim after a work-related accident?
No one expects to get injured in a work-related accident. We trust our bosses and our employers to maintain safe work environments, and yet thousands of workers are injured on the job in America every single year, despite stricter safety standards and increased oversight.
Often, these injuries happen to even the most careful and cautious workers, sometimes even at no fault of their own.
Suffering an injury on the job can be a traumatic and nerve-wracking experience as you undertake the long road to recovery awhile considering the financial havoc that medical bills and lost wages can pose.
New York Labor Law is designed to protect workers against the potentially devastating consequences of an on the job injury through the state-regulated workers’ compensation system.
Workers’ compensation insurance is a requirement for virtually every New York business that has employees, and they must provide compensation for an employee injured on the job or for an injury caused by work activities. The benefits of workers’ compensation include:
– payments for lost wages
– permanent disability benefits
– coverage for medical care
– vocational rehabilitation
How do I file a claim?
In order to file a claim for workers’ compensation in New York, you should first notify your employer within 30 days of your injury. If you do not provide notification within 30 days, you may lose access to some or all of the benefits you are entitled to with workers’ compensation.
Your notification to the employer should be in writing and should include the details of when the accident or injury occurred, what symptoms you are experiencing, and how the accident happened.
It is important that you follow up with a medical professional who can document your injuries, and be sure to take photos of any injuries that are external and visible. Any concrete evidence you can provide will bolster your chances of a successful workers’ compensation claim or any additional claim you might make.
Your next step is to file an Employee Claim (Form C-3) with the New York Board of Workers’ Compensation, which oversees all workers’ comp claims in the state.
You can file Form C-3 by various means, including online, by telephone, by mail, or in person at a Board Customer Service Center of District Office.
You must file your claim with the Board within two years of your injury or within two years of discovering that an injury or illness that developed over time was related to your work activities.
What happens when I file a claim?
Your employer must notify the Board and its insurance company within 10 days of receiving your written notification. The insurance company will then conduct an investigation into your injury and either approve or deny your claim within 18 days.
It is important to remember that even if your claim is denied, you have a right to appeal. Unfortunately, the vast majority of denied workers’ compensation claims are not appealed, and the worker simply accepts the initial ruling and then faces the financial consequences of lost wages and medical bills piling up.
Other Forms of Compensation
Workers’ compensation is designed to both protect workers in the case of injury and to limit the ability of workers to file lawsuits against employers for on the job injuries. In some cases, you may be able to file a lawsuit for a work-related accident if your injury was caused by the presence or involvement of a third-party.
Third-party claims often involve defective or malfunctioning equipment or if the presence or involvement of another person caused the injury or work-related accident.
No matter what caused your on the job accident, the best way to make sure you receive the compensation that you deserve is to speak with one of our experienced workplace injury attorneys at Greenberg & Stein. Our team has more than 75 years of combined experience handling all types of workplace injuries and can advise you on the legal options available to you following an accident.
Every case is different, but our firm is devoted to client satisfaction and offers personalized service, no matter how big or small the case. We firmly believe that no one should lose money due to medical bills, missed paychecks, or lost future employment opportunities due to a work-related accident.
If you’ve been injured on the job, speak to one of our workplace accident attorneys here at Greenberg & Stein to discuss whether your case might qualify for additional compensation. Call us today at 888-411-3966 to schedule your free legal consultation.