If you have been injured on the job, you may qualify for benefits from either the New York or New Jersey workers’ compensation insurance program.
Filing a workers’ compensation claim requires completing a form that asks for personal, work and medical information. It may also involve a medical exam.
If a claim is denied, a settlement offer is inadequate or the injured worker’s circumstances change, the worker may file an appeal. This requires many more forms, more data and hearings where the employer and insurance carrier can dispute the injured worker’s claim. In some cases, an employer or insurer will dispute an injured employee’s workers’ compensation claim from the start.
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Reporting Your Injury Is Key to Workers’ Compensation Claims
The first step in filing a workers’ compensation claim is to report your accident and injury to your employer in writing. You should do this as soon as possible, and you must make this report within 30 days of the accident or discovery of a work-related illness to ensure you do not lose your right to workers’ compensation benefits.
You should also seek medical care for your injury as soon as possible, which your employer is supposed to arrange. It is important that you follow all the doctor’s instructions regarding treatment and recovery. Failure to follow medical directions may hurt your opportunity to obtain benefits.
After reporting your injury to your employer and seeking treatment, to obtain workers’ comp benefits, you should:
- Complete form C-3 in New York or WC 365 in New Jersey, a claim for workers’ compensation, and mail it to the nearest office of the Workers’ Compensation Board. The forms can also be completed online.
- Submit to an independent medical exam if asked.
- Return to work when your doctor says you are able.
- Attend any hearings held in the case when you are notified to appear.
If a worker dies in a workplace accident or because of a work-related injury or illness, the next of kin may file for a workers’ compensation death benefit. This requires the last physician who treated the worker to complete form C-64 (in New York), which states how the worker’s death was related to the job or an earlier work injury. A New York funeral home handling the deceased would have to complete a Form C-65 and submit it to the Workers’ Compensation Board as well.
Form C-3 asks about 40 questions regarding:
- Your personal information.
- Your employer.
- Your job duties and pay.
- Your injury or illness, and when, where and how it happened.
- Whether you have returned to work.
- The medical treatment you have received for the injury, including where and when.
If you are required to undergo an independent medical examination, this will be performed by a doctor your employer’s insurance company chooses. The doctor will report the results to the insurance company. The workers’ compensation insurance company will use this report to help determine the compensation it offers you.
Using the C-3 Form and information your employer and the insurance company provide, the Workers’ Compensation Board sets your benefits. Many injured workers are initially turned down for benefits or are not awarded benefits in an amount the injured worker thinks are adequate. Many then find the appeals process to be confusing and burdensome, especially those who are trying to recover from serious injuries.
The workers’ compensation attorneys at the Ginarte Law Firm can take the burden of answering workers’ compensation questions and completing forms off of you so you can focus on your recovery. We can help with your initial claim application, and we will be ready to stand beside you if an appeal is necessary. We can guide you through the complicated rules of workers’ compensation hearings, disability claims and even third-party claims for additional compensation if warranted.
Help from an Experienced NY & NJ Workplace Injury Lawyer
Contact an attorney at the Ginarte Law Firm today for assistance with your initial workers’ comp application, an appeal or any measures needed to obtain full benefits in New York or New Jersey. Let us put more than 150 years of combined legal experience handling workers’ compensation claims to work for you.
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Sources:
- New York State Workers’ Compensation Board – What To Do If You Are Injured On The Job
- New York State Workers’ Compensation Board – How to File a Claim
- State of New Jersey Department of Labor and Workforce Development – Workers’ Compensation