When an employee suffers from a work-related injury, filing for workers’ compensation benefits may help them receive the medical treatment they need and cover their lost wages. In New York, the workers’ compensation system is designed to protect workers by providing benefits in the form of medical care, disability payments, and other costs related to an injury or illness.
However, the process of filing for workers’ compensation can be stressful and complicated. That’s why knowing what to do and having the right information is crucial. In this article, we’ll outline 7 things you should do when filing for workers’ compensation in New York to ensure a smooth and successful process.
Get Medical Attention ASAP
Injuries sustained at work can range from minor cuts and bruises to more serious and life-threatening injuries. While some injuries are immediately noticeable, others may not present themselves until days, weeks, or months later.
It is incredibly important to seek medical attention immediately following any work-related injury. Not only does this ensure proper treatment and management of your injuries, but it also creates an official record of the incident, which can be necessary as evidence should you decide to file a workers’ compensation claim.
Even if you feel fine and believe your injuries to be minor, you should still seek medical attention, as some injuries may not cause pain or symptoms until later. Failing to seek immediate medical attention can result in the delayed healing of injuries, which could result in additional complications.
Notify Your Employer of the Accident
You must notify your employer in writing if you have experienced an accident or injury while on the job. This process must be addressed, yet it plays a significant role in your claim processing.
The law requires you to inform your employer in writing within 30 days of the incident. However, you must do this as soon as possible to avoid any delays or complications in your compensation process. Your employer must be informed of the incident to ensure your claim is valid and genuine.
In your written notification, it’s important to include specific details about the accident, such as the date and time it occurred, what caused it, and the extent of your injuries. This will help create a strong case in your favor and ensure you are fully compensated for the losses you incurred during your recovery period.
Notifying your employer promptly and in detail ensures that your injury claim is handled efficiently. Talk to a workers’ comp lawyer at Shulman & Hill for more information about the process moving forward.
File a Claim With New York Workers’ Compensation Board
As soon as possible and within two years of the incident, you must notify your employer and file a claim with the New York State Board of Workers’ Compensation. This process involves filling out Form (C-3) and mailing it to the appropriate District Office.
This preliminary report should include a detailed overview of the injuries, symptoms experienced, and any relevant medical history of the patient. The report should also describe any tests or procedures performed and a treatment plan going forward.
Your Employers Insurance Company Will Reach Out
Upon receiving your report, the insurer must provide you with a written statement of your rights within 14 days. This statement should outline your entitlements related to compensation, medical treatment, and rehabilitation, among other things.
It’s your right to receive this information in a timely manner, so feel free to follow up with your insurer if you have yet to receive it within the designated time frame.
Payment of Benefits Will Be Sent
If this process is done promptly, the insurer should begin paying benefits within 18 days of receipt. However, if the claim is disputed, the insurer must notify the employee and the New York State Board of Workers’ Compensation, outlining the reasons for disputing the claim.
Such notification must also be made within 18 days of receiving the report. Once notified, the employee will be able to respond and provide the necessary evidence to support their claim. This process allows for transparency and fairness in resolving disputes related to work-related injuries.
Don’t Let the Workers’ Compensation Process Hold You Back
In conclusion, navigating the worker’s compensation process can be overwhelming and stressful. Still, it is crucial not to let it hold you back from receiving the benefits and care you are entitled to. It is important to understand your rights as an employee, whether you sprain an ankle or suffer a traumatic brain injury.
Remember, you are not alone in this process; help is always available.
