To successfully file a workers’ compensation claim in New York, there are certain steps you’ll need to follow:
Notify your employer
First, report your workplace accident or work-related condition to your employer as soon as possible. You must do this in writing within 30 days of the incident or recognizing your work-related condition. Documentation such as emails or certified letters can serve as proof of notification. Include the date, time, location, and nature of the workplace accident, injury, or health condition.
Get medical help
You should then see a doctor and get an official diagnosis. Let your doctor know that your condition is work-related. Your medical record will help establish a connection between your condition and your scope of employment.
File your claim
You must fill out a Form C-3 and file it with the New York State Workers’ Compensation Board. You have two years from the date of your workplace accident or discovering your condition. Since this can be a complex process, consult with an experienced New York workers’ compensation lawyer. They can ensure that Form C-3 is properly filed and there are no errors in the claims process.
The information you’ll need to include on Form C-3 include:
- Your personal information (name, address, Social Security number)
- Detailed information about your employment and the employer at the time of the injury
- Details of the accident or exposure that led to your condition
- Information about the nature of your injury or illness
- Dates related to the accident and subsequent disability
In the meantime, your employer will need to file Form C-2F with the Workers’ Compensation Board within 10 days of you notifying them of your condition. Additionally, your doctor will need to file Form C-4 with the board and ensure that a copy is sent to you, your employer, and your employer’s insurer.
Once all of the forms have been submitted to the board, your employer’s insurance company will evaluate your claim and decide if you’re eligible for workers’ compensation benefits. If your claim is approved, your benefits will begin on a bi-weekly basis within 18 days of your claim being filed.
These benefits may include:
- Medical reimbursement
- Wage reimbursement
- Disability benefits
- Death benefits
- Rehabilitation and vocational training services
Dealing with claim disputes and denials
Be aware that disputes can arise in workers’ compensation cases. If this occurs, it can prolong the process and require you to complete additional proceedings with the board, undergo an independent medical examination, and/or attend additional hearings.
If the initial appeal doesn't rule in your favor, you can further appeal to the New York State Court of Appeals. This step involves a more detailed legal process, and it is strongly recommended to have legal representation.
To minimize errors in your claim and speed up the process, it’s best to seek legal help from an experienced New York workers’ compensation attorney. They can advocate for you every step of the way and maximize your chances of getting fairly compensated.