How do you file for worker’s compensation in New York?
When you show up for work each day, you expect your workplace to be safe. Even if you work under dangerous conditions, there should be specific safety precautions in place to protect you and your coworkers from injury. Unfortunately, workplace injuries continue to occur at an alarming rate.
Suffering an injury on the job can be a traumatic experience, leaving you unable to work and wondering what to do next. If you’ve suffered an injury on the job, it is understandable that you might feel angry, frustrated, or confused.
These unexpected injuries can happen to even the most careful and cautious employee, whether they work on a construction site or in a mid-town office building. Thankfully, there is a state-regulated system for injured workers called workers’ compensation.
What is Workers’ Compensation?
Employers who carry workers’ compensation insurance must provide compensation for an employee injured on the job or for an injury caused by work activities.
– payments for lost wages
– permanent disability benefits (for amputations or the loss of a use of body part)
– reasonable and necessary medical care
– vocational rehabilitation (training for a new line of work)
In order to file for workers’ compensation in New York, you should first notify your employer of a work-related injury as promptly as possible. If you do not provide notification within 30 days, you may lose some or all of your benefits.
You will reduce the likelihood of a claim being denied by giving notice to your employer as soon as possible and by getting treatment for you work-related injuries.
How do you file for Workers’ Compensation?
When you provide notice to your employer, be sure to include details of when the accident happened, what symptoms you are experiencing, and how you were hurt. Beyond that, be sure to take photos of any injuries and retain any written documentation regarding your medical treatment and recovery.
But, notifying your employer is only the first step. You must also file a claim with the New York Board of Workers’ Compensation, which oversees all workers’ comp claims in the state, in order to receive benefits.
There are a few different ways you can file an Employee Claim (Form C-3), including filing online, by telephone, by mail, or even in person at a Board Customer Service Center or District Office.
You must file your claim within two years of your workplace injury. If your injury or illness is something that developed over time, you must file within two years of discovering the injury was related to your work.
What happens after you file a claim?
Your employer will notify the Board and its insurance company within 10 days of receiving your written notification. The insurance company will conduct an investigation into your claim and will either approve or deny your claim within 18 days of receiving it, in accordance with New York law.
If your claim is denied, you have the right to appeal. Unfortunately, up to 80% of people injured at work simply accept their denied claim without filing an appeal, even if they have a legitimate right to workers’ compensation for their on the job injury.
How a professional can help
Having a professional lawyer on your side can help relieve some of the stress of filing a successful workers’ compensation claim and allow you to focus on recovering from your injuries and your general quality of life as you deal with your injury.
Our team of legal experts has more than 75 years of combined experience and will help tilt the scale in your favor by ensuring you file all the necessary forms, meet any pressing deadlines, and help you develop the medical evidence necessary to document the severity of your injury and obtain a successful resolution to your claim.
At Greenberg & Stein we believe in making our award-winning legal representation affordable to anyone who needs it, with reasonable rates that take into consideration the financial situation of each individual client.
If you need assistance in filing a workers’ compensation claim after an accident at your workplace, contact a New York City personal injury attorney at Greenberg & Stein. Your first consultation with an attorney at our firm is absolutely free of charge. Contact us today at 888-411-3966.