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How To File A Workers' Compensation Claim in New York

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Injured at work in New York? Get the workers’ compensation benefits you deserve

A New York workers’ comp lawyer can help you every step of the way

Did you get hurt on the job in New York? Are you unable to work due to a work-related illness or injury? Does your work-related injury or illness require extensive medical care? If the answer is yes to any of these questions, you can receive workers’ compensation benefits in most cases.

Most employers in New York are required to have workers’ compensation insurance. This insurance provider is then responsible for paying for your work-related injury expenses if you qualify for workers’ compensation benefits. These benefits often include money for medical bills, replacement income and other financial losses.

If you get hurt at work or sick on the job in New York, you do not automatically receive workers’ compensation. You need to apply for workers’ comp and must submit an application with the New York State Workers’ Compensation Board. The form you file is officially called a Form C-3.

But before you file your Form C-3, there are many other steps you must follow. And if you make a mistake or miss one of these steps, your worker’s compensation claim application may be delayed or denied. The application process can also be complicated and time consuming.

Experienced New York workers’ compensation lawyers understand how the system works. That’s why it’s critical that you have an attorney on your side who can help you navigate your way through New York’s workers’ compensation application process.

The verified New York workers’ compensation attorneys listed in our directory have a comprehensive understanding of this system. They know the deadlines, the forms you must fill out and where to submit documents. This knowledge comes from years of hard work helping people successfully apply for workers’ compensation benefits in New York. Call today for your consultation.

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See a doctor

Before you file any paperwork, the first thing you should do is see a doctor if you sustained a work-related injury or illness. This is important for several reasons. One, you will receive the medical care you need to help you recover. Two, you will have documentation of your work-related injury or illness. If your injury or illness has not been formally diagnosed by a doctor, your workers’ compensation claim will likely be denied by the New York State Workers’ Compensation Board due to lack of evidence. 

Call a lawyer

As soon as possible after your work-related injury or illness, talk to a workers’ compensation attorney who handles cases in New York. There are many legal issues that often come up. A verified New York workers’ compensation lawyer listed on Law.com can answer your questions, explain your legal rights and help you apply for workers’ comp.

Tell your employer

In order to apply for workers’ compensation benefits in New York, you must notify your employer that you got hurt or sick on the job. You have 30 days to tell your employer verbally or in writing about your work-related injury or illness. If you do not notify your employer within the 30-day deadline, you could lose your right to obtain workers’ compensation benefits, according to the New York State Workers’ Compensation Board. 

Follow doctor’s instructions

Seeing a doctor after your work-related injury is often just the first step in your recovery process. It’s also important that you follow your doctor’s instructions. These instructions can include taking certain medications, scheduling follow-up doctor’s appointments or undergoing other medical procedures or physical therapy. Following your doctor’s instructions is important for several reasons. One, you will hopefully recover faster. Two, your workers’ compensation application is more likely to be approved in a timely manner. Many times, applications for workers’ comp benefits in New York are delayed or denied because individuals ignored their doctor’s advice. The reason why is there may be some doubt about whether you actually have a serious work-related injury or illness that qualifies for workers’ compensation benefits.

Document your injury

Another way to strengthen your workers’ compensation application is to document your work-related injury or illness. This documentation can include copies of medical bills for doctor’s appointments. You can also take pictures of your injury if it’s visible. Another way to document your work-related injury or illness is to keep a journal. Write down how you feel each day. Are you in pain? Do you have a fever? Are you unable to move certain parts of your body? Write all these details down and note the exact time and date. Such evidence can help strengthen your workers’ compensation claim, especially if you choose to wait to file your Form C-3 for workers’ compensation benefits.

There are certain important deadlines that must be followed when applying for workers’ compensation benefits in New York.

Your 30-day deadline

First and foremost, you must notify your employer that you got sick or injured at work within 30 days. The 30-day deadline starts the moment you were injured or when you first learned about your work-related illness. As a result, there might be some debate about when this 30-day deadline starts. This is why it’s important to have a medical professional diagnose your work-related illness or injury as soon as possible.

Your employer’s 10-day deadline

The next deadline in the workers’ compensation application process in New York applies to your employer. Once you tell your employer about your injury or illness, your employer has 10 days to notify their workers’ compensation insurance company and the New York State Workers’ Compensation Board. If your employer fails to do this, they could be subject to fines and other penalties.

Your employer’s insurance company’s 14-day deadline

Once your employer’s workers’ compensation insurance company receives notification of your work-related injury or illness, the insurance company must provide you with a Statement of Rights within 14 days. Formally known as Form C-430S, the Statement of Rights explains an injured worker’s rights as well as what benefits they are entitled to receive if their application for workers’ compensation benefits in New York is approved.

Your 2-year deadline for your Form C-3

The official form to apply for workers’ compensation benefits in New York is called Form C-3. The deadline to file your Form C-3 with the New York State Workers’ Compensation Board is two years from the date of your work-related injury or illness. You can file your Form C-3 online, by mail or in person. Your New York workers’ compensation attorney can help you fill out and submit your Form C-3.

If you get injured or sick at work in New York, getting the workers’ compensation benefits you deserve can be a long, complicated legal process. And if you make a mistake or miss an important deadline, your workers’ compensation claim might be delayed or denied. This is why it’s critical that you have a verified New York workers’ comp lawyer listed on this website helping you every step of the way. These attorneys thoroughly understand how the application process works and can assist with filing a workers’ comp claim. Don’t take chances with your workers’ compensation application. Give your request for worker’s compensation benefits the best opportunity for success. Hire a verified New York workers’ compensation attorney.

Injured? Call Now
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Talk to a LAW.COM Premier Attorney today!

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By submitting you agree to our Terms & Privacy Policy.
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Injured? Speak to a LAW.COM
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