New York Workers’ Compensation Attorney
As a worker who has been injured and is considering filing a workers’ compensation claim, it may be helpful to know what to expect. The following is a basic overview of the workers’ comp claims process in New York. This may vary depending on the particular case, so please consider the following for informational purposes only. You are also welcome to call a workers’ compensation attorney at our New York City headquarters at any time to discuss your questions and concerns.
Medical Care & Employer Notification
Immediately after an accident or injury has occurred, an injured worker should seek medical care and notify his or her supervisor of the incident. If the injury does not require emergency medical care, the worker can get a list of qualified healthcare providers from the employer in order to seek treatment. If emergency care is required, the employee or a co-worker should go to the nearest emergency room or call 911 and then notify his or her supervisor as soon as possible.
Workers’ Compensation Claim
The employee should then file a claim with the New York State Workers’ Compensation Board by filling out Employee Claim (Form C-3) and mailing it to the appropriate District Office. This must be done within two years of the date of the incident or the date that the employee knew or should have reasonably known that his or her illness or injury was work-related.
Preliminary Medical Report
Within 48 hours of administering medical treatment to the injured worker, the treating doctor will complete and mail a preliminary medical report on Doctor’s Initial Report (Form C-4). The worker and his or her employer will also receive copies of this form.
Employer’s Report of Injury
Within ten days of being notified by the employee of the incident, the employer must file Employer’s Report of Work-Related Injury/Illness (Form C-2) with the Board.
Written Statement of Employee’s Rights
Within 14 days of receiving the Employer’s Report of Work-Related Injury/Illness, the workers’ compensation insurance company will provide the injured worker with a written statement that describes the worker’s legal rights.
Payment of Benefits
If the claim is approved and the worker has missed more than seven days of work, the insurance provider will begin paying benefits to the injured worker. This occurs within 18 days of the insurance provider’s receipt of the Employer’s Report of Work-Related Injury/Illness. The insurer will file Notice to Chair of Carrier’s Action on Claim for Benefits (Form C-669) if payments have begun.
If the claim is disputed, the insurer will file a Notice That Right to Compensation is Controverted (Form C-7) with the Board, including the reasons why the claim is not being paid.
If the claim is not disputed, the insurer will make regular payments to the injured worker every two weeks for the duration of the disability.
Every 45 days, the treating physician will submit a progress report to the Board using Doctor’s Progress Report (Form C-4.2).
If the employee is still injured after 12 weeks, the insurer will consider whether rehabilitation treatment is applicable to alleviate the worker’s disability so he or she can work in some capacity. Rehabilitation services can help an injured worker return to work or may help a disabled worker live and work to the best of his or her ability.
Involving a Lawyer
Approaching and going through the claims process can be much easier if you have a competent lawyer by your side. With an understanding of how workers’ compensation claims work and how to handle a possible appeal or hearings, a lawyer can help you recover the benefits you need. Contact Napoli Shkolnik PLLC today.