How To File A Claim If You Were Injured At Work
If you have been injured at work, you might be wondering what your options are and what steps you need to take to get the compensation you need. To make things easier for you, we have put together this easy-to-follow guide for filing a workers’ compensation claim in New York.
How to File a Workers’ Compensation Claim in New York
- Following the accident, you should seek medical help as soon as you can. New York Workers’ Compensation law requires you to get medical treatment from an authorized healthcare provider. With that said, in the event of a serious injury, you can get the emergency medical care you need from any medical facility nearby.
- You should inform your supervisor or manager about your injury. Within 30 days of the accident, you must notify your employer about the specifics of your injury – in writing.
- Once you notify your employer of your injury, they are required to report it to the Workers’ Compensation Board and their insurance carrier within 10 days.
- Once your employer files the report with the insurance carrier, they should provide you with a statement of rights (informing you of your rights under the law) within 14 days.
- If your claim is approved, the insurance carrier should start paying benefits within 18 days. You will be paid every two weeks.
- If your claim is disputed by the insurance carrier, you will not receive any payments until the issue is resolved. In the meantime, your healthcare provider should continue to provide the treatment and care you need.
How a New York Workers’ Compensation Lawyer Can Help You
Explaining Your Rights to You
Following a workplace accident, you might not know what rights you have as a worker and what kind of benefits you are entitled to. Your workers’ compensation lawyer can advise you on your legal rights, tell you what kind of benefits you are entitled to, and the legal options you have for pursuing compensation for your injuries.
Calculating the Value of Your Claim
Your lawyer will assess the extent of your injury and determine the amount of benefits that you are entitled to receive under the law.
Filing the Claim
Your lawyer will gather the medical evidence needed to support your claim, take care of the paperwork involved, and file your claim in a timely manner.
Negotiating a Settlement
If you prefer to receive a one-time lump sum payment rather than receiving payments every two weeks, your lawyer can negotiate with your employer’s insurance carrier and make sure you get a fair settlement.
Appealing a Denied Claim
If your claim is denied by your employer’s insurance carrier, your lawyer can appeal the decision by requesting a workers’ comp hearing. They will represent you at the hearing and present your case to the judge. If the claim is still denied, your lawyer will appeal to a three-member panel of the New York Workers’ Compensation Board.
Get Legal Help from a Capable and Resourceful New York Workers’ Compensation Attorney
At the Law Offices of Michael S. Lamonsoff, we have extensive experience in handling different types of work injury claims and death claims. We know New York workers’ compensation laws and the claims process inside out and we know how to get you the compensation you need in a timely manner.
If your claim is denied, we can file an appeal and fight aggressively to get the benefits you are entitled to. Our legal team has the expertise, resources, and experience to take on insurance carriers and we will never back down until we recover what you are owed.