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Workers’ Compensation Claim in New York
If you’re eligible for workers’ compensation in New York, it may seem as if there’s simply too much red tape to manage. Why is it so difficult to file a claim? What forms do you need for your claim in New York, and to whom do you deliver them?
In this guide, we’ll take a closer look at how to file for workers’ compensation and what you should and should not do if you’re injured on the job.
What Is Workers’ Compensation?
Workplace injuries happen. According to the Bureau of Labor Statistics, American employers reported 2.8 million non-fatal accidents on the job in 2019. No matter how risk-averse and cautious you are, it’s certainly possible to suffer an injury at work, and you have the right to certain protections. Workers’ Compensation is insurance your employer pays for that will assist you financially if you’re hurt on the job. This insurance will help you cover your medical and certain other expenses in exchange for your agreement that you will not sue your employer. In the state of New York, the employer of an injured person must notify the Workers’ Compensation Board of the event. Therefore, the responsibility is on you to tell your employer about your accident. Do this within 30 days of the incident, but sooner is better.
Upon learning of your injury, your employer will file a C-2 form. If additional information is required from you, your employer will let you know. This form is the one that “gets the ball rolling,” so to speak, in your Workers’ Compensation case.
Who Is Eligible for Workers’ Compensation?
It’s generally accepted that you may be eligible for Workers’ Compensation benefits if you are:
- Permanently disabled from a workplace injury
- Out of work for seven days or more as a result of your accident
- Experiencing a reduction in pay directly caused by your injury
However, do note that some employers may dispute or challenge your claim. The Workers’ Compensation Board is a third-party organization that will seek to mediate any disputes that may arise between you and your employer. The state of New York requires that all businesses cover employees. This includes family member employees and part time workers. If your employer states that you are not eligible for compensation, seek the advice of an attorney.
What Forms Do I Need for My Workers’ Compensation Claim?
There are several pieces of information you will need to retain—and submit copies of—to begin your Workers’ Compensation case. As mentioned, your employer will file a C-2 form. You, the employee, will be required to file a C-3 form. The C-3 form for New York Workers’ Compensation claims is fairly straightforward. You will furnish basic information about yourself and your employer as well as the nature of your job and the nature of your injury or illness. It is of the utmost importance to keep records of all medical treatment you experienced as a result of your workplace injury. Do not file your care with your regular insurance, and do not pay your medical bills. Instead, inform your doctors at the time of your care that you intend to file a Workers’ Compensation claim. You may also be eligible for reimbursement for necessary travel expenses, so save receipts for your cab fare or other transportation as well as other associated costs. Administration at the hospital can assist you with another form you’ll need, the A-9.
The A-9 form simply states that you are financially responsible for your medical bills should your Workers’ Compensation case be denied. Should you have questions about additional forms required for your unique case, contact your lawyer or the Workers’ Compensation Board in New York. These groups exist to advocate and mediate for you even when Workers’ Compensation paperwork seems overwhelming.
Do I Need a Workers’ Compensation Attorney in New York?
As mentioned, there are quite a few forms and records you’ll need to submit to the Workers’ Compensation Board. When you’re ill or injured, the last thing on your mind is filing paperwork and saving taxi receipts.
It may be helpful to enlist a trusted friend or family member to assist. However, an experienced Workers’ Compensation attorney can also advocate for you throughout the claim process. As soon as you’re able following your accident, reach out to a lawyer and explain your case. You can then rest assured that your legal team is working for you while you heal.
In addition to the confusing paperwork and administrative work, you may face the possibility that your employer is challenging your claim. If this is the case, you almost certainly need a lawyer. If your employer is alleging that the injury did not take place on work property or simply fails to pay you promptly, hire a lawyer.
The attorneys at Morgan & Morgan are here to assist you as you seek the compensation you deserve. Our team of experienced lawyers will handle the paperwork and the “red tape” for you so you can focus on your recovery.
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When should I file a Workers’ Compensation claim?
The short answer is easy: immediately. You should let your employer know promptly that you were injured on the job. He or she will provide you with a packet containing forms you’ll need to file a Workers’ Compensation claim in New York.
In the state of New York, you are required to report your injuries to your employer within thirty days of the event. In some cases you may have up to two years to file a claim with the Workers’ Compensation Board, but it’s best to just go ahead and file as soon as possible.
If you’ve been injured, seek medical attention regardless of how “minor” the accident may seem. What may seem like “just a cut” today may worsen in the months to come; by visiting a doctor today you can cover your bases later.
To whom do I send my paperwork?
For most of the paperwork associated with your Workers’ Compensation claim, you’ll have several options for submission. Most commonly, injured employees will file a claim online. You can access an electronic version of the C-3 form at the Workers’ Compensation Board website.
Alternatively, you may choose to mail in your paperwork. You can do so by addressing your documents to:
NYS Workers’ Compensation Board
Centralized Mailing Address
PO Box 5205
Binghamton, NY 13902-5205
Finally, you may choose to bring your documents in person to your local Workers’ Compensation Board office. You can search for your closest office on the WCB website.
How long will my Workers’ Compensation case take?
From the date of your accident to the time you receive payment can vary widely from case to case. In many cases, your employer will agree that your event qualifies you for Workers’ Compensation, and you will be paid very quickly.
Unfortunately, in some other instances you may experience a delay in your payment. This could be because your employer is challenging your claim. It could be because your employer’s insurance company is hoping that you’ll fail to file an appeal after denial of your claim.
In any case, it’s a good idea to reach out to an experienced Workers’ Compensation attorney in New York so that your claim—and the benefits you deserve—may be expedited.
What will be paid by my Workers’ Compensation benefits?
Depending upon your injury, you may be covered or reimbursed for:
- Up to two-thirds of your weekly wages
- Travel expenses associated with your injury or illness
- All health care expenses
- Death benefits in some cases
- Lifetime medical care where necessary
Again, your case may differ from others’, so be sure to speak with your attorney about what you may qualify for. Your legal team will assist you as you navigate the process of receiving your benefits.
Is there a charge for my insurance benefits?
No. Your New York employer may not charge you for Workers’ Compensation insurance. This extends to copays and even your legal representation. Each of these expenses is covered by the benefits you receive. If you are asked to pay anything out of pocket, contact the Workers’ Compensation Board or your attorney.
If you’ve been injured at work or fallen ill on the job, you’re likely eligible for Workers’ Compensation benefits. While initiating a claim may seem stressful and confusing, an experienced lawyer can help you navigate the process and receive the award you deserve.
Contact Morgan & Morgan to eliminate the frustration of filing a Workers’ Compensation claim in New York. Our team of attorneys is ready to fight for you—simply fill out a free case evaluation form and get started with your attorney now.