Central Business District, New York

The Timeline for a Typical Workers' Compensation Claim October 4, 2018

Central Business District, Rochester
The Timeline for a Typical Workers' Compensation Claim, Rochester, New York

When a work injury strikes, it’s important to have the necessary resources to get medical treatment, take time off work, and recover. But the workers' compensation process is complex, and many injured workers don’t know how long it takes to start receiving benefits. Here, the attorneys at Vincent Criscuolo & Associates in Rochester, NY, shares a timeline of the claim process and what each step entails. 

The Steps in a Workers’ Compensation Claim

Get Medical Treatment

Never wait to get checked out by a medical professional after a work injury. Your employer may request you see a doctor of their choice or a workers' comp-approved physician. At the appointment, describe all injuries in detail and follow the prescribed treatment plan.

Report Injury to Employer & File a Workers’ Comp Claim

Report a work injury to the employer immediately after the incident occurs. The sooner you file an accident report, the faster the workers' compensation process can start. In New York State, you have 30 days from the date of injury to report it to your supervisor or HR department. Then, file a Form C-3 with the New York State Board of Workers' Compensation, or the equivalent form to the governing body in your state. In New York, you have two years from the date of the injury to file a claim.

Obtain a Written Statement of Rights

workers' compensationWithin two weeks of a work accident, an employer should give the injured worker a written statement of rights. This outlines the proper channels to follow to seek workers' comp and other rights the injured party has under the law.

Payment

After reporting your injury and completing an accident report, the employer must file a report of the incident with the workers' comp board. If the employer or their insurer has no objections to the payments, you’ll receive benefits within 18 days of the board getting the report. If the employer or their insurer disputes the report and object to paying benefits, they must explain why they are challenging the claim.

Consult a Lawyer

A person who has been injured at work deserves to have the necessary medical and financial support to recover. If an employer disputes your claim, you should consult a workers' comp lawyer and explore the legal options. An attorney will advocate for your rights, negotiate with employers and insurers, and determine if a lawsuit is a viable solution.

For three decades, the attorneys at Vincent Criscuolo & Associates have been helping injured workers in the Rochester area with workers' compensation claims. They also represent clients in personal injury and Social Security disability cases. Call (585) 232-3240 or visit their website to schedule a consultation.

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