Filing A Workers Compensation Claim In New York

By | April 6, 2016

Data from the Bureau of Labor Statistics (BLS) shows that more than 200,000 non-fatal injuries and illnesses are suffered on the job in New York each year. Furthermore, over half of all work-related injuries in New York require the injured worker to take time off from work in order to recover.

As you might imagine, the sudden loss of wages coupled with unexpected medical expenses can create financial difficulties for an injured worker.

This is where workers workers’ compensation comes into play. New York workers compensation is designed to provide injured workers with financial support for lost wages, medical expenses and other expenses associated with a work-related injury.

3 Steps To Filing A Successful Workers Comp Claim

In order to obtain workers comp benefits, an injured worker must properly file a workers compensation claim. The process of filing a workers compensation claim is filled with many steps and important deadlines that cannot be missed.

Below are three important steps required to successfully file a workers comp claim in New York:

1.) Seek Treatment For Your Injury From A Medical Professional

Going to a doctor or other medical professional to be properly examined and treated for your injury is the first step in the workers compensation process. Injured workers often disregard this part of the process and try to “tough it out” with the belief that they can get proper medical treatment at a later date. However, it cannot be stressed enough how important it is to go to a doctor immediately after your injury. By waiting to seek medical treatment you risk compounding the effects of your injury and missing time-sensitive deadlines which can create issues when filing for workers comp benefits later.

It is also important to request any relevant medical records from your doctor during or after your visit, as these will be used to provide medical evidence of your injury in a workers compensation case.

2.) Tell Your Employer About Your Injury As Soon As Possible

You will also need to notify your employer about your injury or illness in writing. This should be done within 30 days of the date of your injury, or within 30 days of the date that you became aware of your work-related condition.

When providing your written notification to your employer, you should make sure to include specific details about the injury including:

  • The date that the injury occurred
  • What type of injury you suffered
  • Where you were injured
  • How the injury occurred

3.) File A Claim With The Workers Compensation Board In New York

Finally, you must file an official claim with the New York Workers Compensation Board on “Form Employee Claim (C-3).” Your claim must be mailed to the appropriate District Office and must be done so within two years of the date of the accident that caused your injury, or within two years of the date that you became aware of your work-related injury.

Other Important Things To Know

There are a few other time-sensitive steps that must be taken by your doctor, your employer and other third parties during the workers’ compensation process.

For example, the doctor must complete a preliminary report on “Form Doctor’s Initial Report (C-4)” within 48 hours of the accident. Additionally, your employer is responsible for reporting your injury to the NY Workers Compensation Board, as well as their insurance company, within 10 days of being notified about the accident.

If you have any doubts or questions about your workers compensation case, you should contact a New York workers compensation attorney for a free consultation.

About The Author:

As a New York workers compensation attorney and managing partner of Markhoff & Mittman, P.C., Brian Mittman represents injured workers in New York to help them obtain the compensation that they need after a work-related injury.

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