Despite the best efforts of most employers, a common problem in most businesses is workplace injuries. According to the U.S. Bureau of Labor Statistics, over 138,000 nonfatal workplace injuries were reported in New York State alone in 2022. If you are injured on the job, you are going to need to know how to file a workers’ compensation claim for your injury. This will provide you with the medical and disability benefits you need to recover from your injuries and compensate you for the time you missed work. Following the procedures to properly file your claim is a necessary part of the process and will help your workers’ compensation attorney help you get your full benefits in a timely manner.
What Do You Need to Do Immediately After Getting Injured on the Job?
If you suffer a workplace injury, you need to immediately notify your employer of the injury in writing. You have 30 days in which to make this report, and it should detail how you were hurt, the extent of your injuries, and the names of any healthcare providers you may have gone to seeking medical assistance with your injuries. While most employers maintain workers’ compensation insurance coverage, a number of them are self-insured, which means that they will pay out of pocket for any approved claims.
How Do I File a Claim?
You will need to file a claim with the New York State Workers’ Compensation Board. This can be done by filing a Form C-3. The Workers’ Compensation Board maintains a website, and you can fill-out and file Form C-3 online, which is the quickest and easiest way to do this.
The information required for the claim includes your name and that of your employer. You will also need to include your job title, description of the work you perform, and your gross pay rate. Finally, you will need to explain how the injury occurred, the date of the accident, the date you reported it to your employer, the nature of your injuries and how they were treated, and whether you missed any time from work.
The claim on Form C-3 must be filed within two years of the date of your injury. This is important because, just like your initial notification to your employer, you could harm your ability to collect if you do not act in a timely manner.
The only exceptions from the two-year time limit are for an occupational disease that you knew or should have known was workplace-related, and for injuries caused by a noisy workplace. With occupational diseases, you may have some leeway if you only discover the injury later on. This may come down to the decision of the Workers’ Compensation Board and the assigned administrative law judge. If you suffered hearing loss from a noisy workplace, you will have two years and 90 days in which to file your claim.
Are There Any Other Requirements?
In addition to notifying your employer and filing a claim on Form C-3, you will also have to seek treatment from a physician who accepts workers’ compensation cases. If your regular family doctor does not handle this type of claim, you should ask for a referral to one who does. This doctor will file a Form C-4 form with the Workers’ Compensation Board.
After you complete your file, you will receive a Notice of Case Assembly with a WCB Case Number. You will need to use this for all correspondence regarding your claim. If the employer maintains workers’ compensation insurance, an adjuster from the insurance company will contact you with requests for any additional information. If the employer is self insured, then an adjuster from a third party administrator will handle the claim on your employer’s behalf.
In the event that your claim is accepted, you will begin receiving benefits for your workplace injury. However, if the adjuster contests your claim, you will have a hearing before the Workers’ Compensation Board. You will be required to testify at the hearing and should have your physician testify as well. If you are facing a hearing and have not already retained a workers’ compensation attorney, you should consider doing this to ensure that you get the best result possible.
If You Suffer an On-The-Job Injury, Better Call Saul!
Workplace injuries are an all too common occurrence. If you are injured at work, call The Saul Law Firm, LLP today. Our experienced attorneys will assist you with filing your claim and representing you at any hearings so you can get the compensation you need to treat your injuries and get back to work. Contact us today.
The Saul Law Firm, LLP helps clients throughout Garden City, Nassau County, Suffolk County, Long Island, Queens, Brooklyn, New York City, the Bronx, Staten Island, and Westchester County.