Process For Obtaining Work Accident Compensation

Worker filing for a work accident claim

Worker filing for a work accident claim


If you’re injured at your workplace, you have several options available to obtain compensation. In the best case, that’s as simple as notifying your employer and applying for coverage under workers’ compensation insurance. Those with a severe injury or illness, however, benefit from having an attorney guide them through the process.


What to do after a work accident?

Immediately after the accident, employees have a duty to report injuries to their supervisor immediately. All injuries other than minor injuries (see below) must be reported to the Workers’ Compensation Board and the employer’s insurance carrier within 10 days. Failure to do so might impact the work accident compensation.


For minor injuries, employers have the option to pay for treatment out of pocket. In New York, minor injuries are those that:

  • Require two or fewer treatments by a person rendering first aid
  • Result in less than one day of lost time


How should your employer help?

Your employer should help you file the work accident claim. Sometimes, injuries require a recovery period. In those cases, your employer should modify your duties, so you can return to work without strain. 


Your employer cannot retaliate against you for filing a workers’ compensation claim; this includes taking disciplinary action against you or failing to promote you due to a work injury. If that happens, you may have grounds to take legal action. You may also file a complaint with the State of New York Workers’ Compensation Board.


Can you file a claim for work accident compensation?

You can file your own claim for injury coverage with the Workers’ Compensation Board. The form to do so, called a C-3 form, is available on the Board’s website


For a minor injury, filing a claim on your own may make the process simple. For more serious injuries or illnesses, however, you should discuss the process with a work accident lawyer. You should also consult a lawyer if you think there’s any reason why the claim might be disputed. 


Can you file if you’re undocumented?

Different states have different rules when undocumented employees are injured at work. New York law does allow you to file a claim for work accident compensation if you’re undocumented. The benefits are essentially the same for undocumented employees as they are for others.


The only difference is that “dependents” is defined differently. For undocumented employees whose family members live outside the United States, Article 2, Section 17 limits dependents to a surviving spouse and children.


Should you hire a lawyer to get work accident compensation?

In many cases, hiring a lawyer will make the process easier. After an injury, knowing that the proper process will be followed, can bring much-needed relief. In some cases, hiring a lawyer is essential to ensure you receive the work accident compensation you deserve.


For example, let’s say you’re unloading lumber from a truck at a construction site. The truck driver moves the truck while you’re still working, causing you to fall. In this case, the trucker is partly responsible, even though the accident occurred at your work.


Worker’s compensation would apply because it happened at work. For most workplace injuries, workers compensation is the sole remedy, meaning you can’t sue your employer. In this example, however, you could sue the trucker. The trucking company would also be liable for work accident compensation.


You should also hire a lawyer if:

  • Your employer doesn’t cooperate
  • Your injury or illness is severe
  • You’re disabled
  • You’re filing a claim on behalf of a loved one who died from a workplace injury.


If you’ve been injured at work, call the attorneys at Napoli Shkolnik for a free consultation to see what legal options are available to you.