What Forms Do I Need for My 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.