Reporting a Work Injury in New York City350 Fifth Avenue, Suite 6705
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Reporting a Work Injury in New York City
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A workplace accident can easily feel like a blur. How did it happen? What caused it? How bad are your injuries? Will your employer be mad at you? Do you need to go to the ER, or can you treat any of the injuries at an urgent care? There are plenty of questions to be answered in this scenario, and it's easy to get overwhelmed and frustrated.
If you have been seriously injured on the job, you may need to be prepared to learn how to report a work injury. The experienced workers' compensation attorneys at Morgan & Morgan have extensive experience in reviewing this area of the law and are familiar with some of the common challenges that employees face when attempting to recover compensation for injuries they sustained on the job.
Unfortunately, injuries can and do happen in the workplace, leaving employees to deal with the consequences. However, it is very important to understand your responsibilities when reporting a work injury in New York. Failing to inform your employer about a serious workplace illness or injury could mean that you lose eligibility to recover compensation under the workers' compensation laws in your state. It is extremely important to take any and all illnesses and accidents seriously so that they can be appropriately reported to your employer.
There are many different benefits associated with timely reporting of a workplace injury or illness. First of all, this enables the injured worker to get the appropriate treatment and benefits promptly. It has also been shown in numerous studies to reduce the overall cost of a claim, and it can be helpful for the insurance adjuster to be able to monitor and administer that claim. Ultimately, when an employee understands the value of reporting a work injury in New York City quickly, they are eligible to return to work faster in most cases.
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What Are the Legal Requirements for Employers to Report a Workplace Illness or Injury?
Never miss out on your benefits because you failed to report a work injury. You need to tell your boss immediately about the incident to protect your legal rights, and failing to do so comes with serious problems.
An employee is responsible for informing their employer about a workplace illness or injury as soon as possible. Employers then must notify the insurance company of the illness or injury.
Be sure to note and share any of the following information:
- If the injury or illness required the worker to receive medical treatment beyond basic first aid
- If more than two treatments of first aid were needed
- If the injury caused or will cause that worker to lose time from regular duties beyond the working day
- The shift on which the injury happened.
The New York State Workers' Compensation Board must receive notification from insurers or claims adjusters on or before the 18th day following the workplace injury or within a 10-day period after the employer learns of the event, whichever of these two periods is longer. If an employer fails to notify the claims administrator or insurers within this timeframe, this leads to delays in reporting the concern to the board and ultimately to delays in the injured workers' compensation claim.
Can Employers Face Penalties for Untimely Reporting?
Employers must notify their insurer or claim administrator immediately about a workplace injury. If they fail to engage in reporting a work injury in New York City, they could be facing penalties as high as $2,500 for missing or late reports.
How Does an Employer Report a Workplace Illness or Injury?
An employer should inform their workers' compensation claims administrator or insurer immediately about any work-related illness or injury. The claims administrator or insurer can then report the injury or illness to the board, or the employer can notify the board directly by filing an employer's report of work-related injury illness, stored as form C-2(f). If your claims administrator or insurance company reports on your behalf, however, you do not have to take this extra step. In some cases, it can be beneficial to work directly with the claims administrator to make sure that you have gathered all of the appropriate details.
What Does an Employee Need to Do After Being Injured on the Job?
Any employee who believes that their workplace illness or accident was directly related to their employment needs to take the situation seriously and report it to their employer as soon as possible. Although it can be stressful to do this, failing to do so could block you from getting relevant benefits. The sooner that you can report your concern to your employer the better.
Immediately after an accident, there are a couple of different steps that employees can take to protect themselves. First, get the medical attention required to get diagnosed with treatment. If it is an emergency, you will need to visit an urgent health care provider or an emergency room. If you have time to schedule an appointment and your incident is not an immediate injury, make sure that you visit with a New York City physician who is authorized/approved by the Workers' Compensation Board.
It is likely that your employer will be aware of the incident if it happened while they were at work. However, you should also inform your employer via writing right away. Inform them of the circumstances so that others can be prevented from sustaining injuries. You are required to notify your employer of your injury no later than 30 days following the accident. In order to do this, you will need to fill out Form C-3 to formally file a workers' compensation claim and then this material must be sent to the local Workers' Compensation Board. You have a maximum of two years after the date of the injury to submit this material.
What Employees Should Know About Filing Workers' Compensation?
If you have questions about reporting a work injury in New York City, the experienced attorneys at Morgan & Morgan have extensive experience in pursuing these kinds of claims. Employees are entitled to workers' compensation benefits in a broad variety of situations. Your employer’s policy covers injuries and accidents in addition to conditions that can be caused by exposure to a toxin or some other type of substance while working. When these claims are properly submitted, the New York Workers' Compensation Board will review them. Whether or not an employee caused the accident or is the fault of the employer is usually not important in most workers' compensation claims, except in those circumstances where an employee may have engaged in egregious behavior to cause the accident. An employer can still choose to dispute a workplace injury. If the employer holds any belief that the injury that the employee sustained did not occur on the job or is unrelated to the job, they can submit a dispute. Furthermore, the insurance provider reviewing the material after reporting a work injury in New York City can choose to argue all or part of the claim.
Understanding Time Sensitive Steps for Reporting a Work Injury in New York City
No later than 48 hours after being hurt on the job, the physician who sees you must review and send in a preliminary medical report completed on Form C-4. The original copy must be given to the nearest Workers' Compensation Board district office.
Within 10 days, the employer must submit a report of your injury to the insurance carrier in addition to the workers' comp board.
Within 14 days, the employer's insurance company responsible for the workers' comp policy has to submit a written rights statement to the injured worker.
Within 18 days, the company must begin to make benefit payments to the injured employee.
If you are hurt on the job, you should receive at least some of the workers' compensation benefits available to you. However, there are some situations that you can discuss with the experienced attorneys at Morgan & Morgan to determine whether or not you have the ability to open a claim with a third party aside from your employer.
Third-party claims are filed when the injury might not be the fault of the employer. This can happen in various situations, such as an employee working in the construction field. It is strongly recommended that you identify an experienced and knowledgeable law firm to guide you through these processes, as it can be very overwhelming to cope with a workplace injury and figure out your next steps. Set aside time after reporting a work injury in New York City to discuss your next steps with an experienced and qualified lawyer.
Speak With a Work Injury Lawyer in New York City — Morgan & Morgan
There's no doubt that a work injury can be a confusing time. It's hard to stay on top of any paperwork or other workers’ comp requirements when you're already dealing with so much. You need the support of someone to make sure you protect your rights and get the coverage you deserve. Don't wait to reach out to Morgan & Morgan for a free, no-obligation case evaluation. Our team can stay on top of all the legal requirements for your claim so that you can remain focused on your medical care and recovery. Contact us now to get started at no cost to you.