You may not give much thought to workers’ compensation until you need it. If you are hurt in a workplace accident or suffer an occupational illness, there is a very good chance you will be entitled to benefits under workers’ compensation, which is a type of insurance carried by employers to compensate workers who are hurt on the job.
Workers’ compensation benefits may include medical treatment, prescription medications and money if you are forced to miss work due to your injuries.
The process of receiving benefits can take considerable time and effort. Knowing what to expect and what to do when you need help can make this process a bit easier.
Notify Your Employer and Seek Treatment
The first step in a New York workers’ compensation case is to notify your employer of your injury and seek medical treatment.
Unless it is an emergency situation, the medical provider should be one authorized by the Workers’ Compensation Board. Your employer’s referral to an urgent care, emergency room or general physician should come soon after your injury happens.
The cost of this initial medical appointment and subsequent ones directed by your employer or your employer’s workers’ compensation carrier should be covered. Any follow-up diagnostic tests or prescription drugs will likely be referred to authorized medical providers.
Per workers’ compensation rules, you must notify your employer in writing within 30 days of the accident. A simple statement including the date, approximate time, accident location and summary of the incident will typically suffice. Failure to put your notice in writing within 30 days of the accident could result in a denial of your workers’ comp claim.
File a Claim
An Employee Claim form, also known as a Form C-3, serves as your notice to the state that you are seeking workers’ compensation benefits. It can be submitted online or through the mail.
Form C-3 is a two-page form asking about your personal information, your employer and the accident that caused your injury. The questions marked with a red asterisk are mandatory and leaving them blank could delay approval of your claim.
If the form is confusing to you or if you are unable to fill it out due to your injury, you can have someone prepare it for you. The individual must be identified on the form.
A workers’ compensation attorney like those at the Ginarte law firm can assist with this and all other aspects of filing or appealing a workers’ compensation claim in New York.
The Workers’ Compensation Board will review your claim and may refer you for an independent medical examination. Using this information and any other records related to the accident, the board will determine your benefits or deny your claim.
Appeal If Necessary
If you are unsatisfied with the determination the Workers’ Comp Board makes, you have the right to appeal. The appeals process is even more complex than the initial claims process. For this reason, many people get help from an attorney at this stage if they haven’t already.
The role of a workers’ compensation attorney is to handle the complicated rules and processes standing between you and the benefits you deserve. This allows you to focus on getting well without having the stress of your case make things more difficult.
Ideally, an injured worker obtains benefits with minimum frustration and delay. However, this isn’t always the case. In many situations, injured workers need a legal advocate to help them get the benefits they deserve.