Workers' compensation protects a person injured at work by ensuring they have the financial resources necessary for recovery. Like all states, New York has its own set of workers' compensation laws. If you've suffered a work injury, it's important to understand how the law affects your claim. To shed more light on this issue, below are answers to frequently asked questions on this topic.
Common Questions About Workers' Compensation in New York
How do I file a claim?
First, notify your supervisor as soon as possible about your injury. They’ll typically complete an accident report, which protects both of you by starting a paper trail of verifiable evidence of your injury. They may request that you see a doctor of their choosing. Then, request an Employee's Claim for Compensation, Form C-3, from the Workers' Compensation Board. Fill out this form in its entirety and submit it.
Is there a statute of limitations?
Yes. You have two years from the date of injury to submit a claim and 30 days from the date of injury to report it to a supervisor. Bear in mind, however, that the sooner you report the injury and submit a claim, the faster you will receive compensation.
I've been injured at work but haven’t had to take time off. Can I still seek workers' compensation?
You can seek medical benefits. In this case, be sure to see a doctor and give them detailed information about your injury and how it has impacted your life. In some cases, you might qualify for compensation even when no work time is lost, but this is determined on a case-by-case basis.
What happens if my employer fights my claim?
If an employer or insurance provider contests a claim, they must file a Notice of Controversy within 18 days of the onset of the disability or within 10 days of learning about the accident, whichever is later. The employer or insurer must have valid reasons to deny a claim. A workers' compensation judge will review each side of the claim and make a judgment based on their findings.
If you've been denied workers' compensation or are experiencing pushback from an employer or insurer, let an attorney protect your rights and interests. The lawyers at Neimark & Neimark have more than 40 years' experience serving Orange and Rockland Counties in New York. They handle all types of personal injury claims, including slips and falls and medical malpractice issues. Call (888) 725-7424 or visit them online to schedule a free consultation.