An experienced lawyer can help ensure your claim is filed correctly and advocate on your behalf if your claim is denied or disputed. Here are some important tips for filing a workers' compensation claim in New York:
1. Report the injury to your employer immediately
Notify your employer in writing about your work-related injury or illness as soon as possible, and within 30 days of the incident or discovery of your work-related health condition.
Be sure to include the following details:
- Date and time of the incident or when you discovered an occupational illness.
- Location of the work accident.
- Description and cause of the work accident.
- The nature of your injuries and the parts of the body affected.
- Any immediate first aid or emergency medical care.
2. Seek medical attention
If you were involved in a workplace accident or developed an occupational illness, it’s important to get medical attention as soon as possible. A prompt medical evaluation ensures your health and safety, as well as establishes a link between your injury and your job.
When choosing a doctor, make sure they’re authorized by the New York State Workers’ Compensation Board, except when emergency medical care is needed.
Clearly tell the healthcare provider that your injury or illness is work-related. This ensures that they record all the details in your medical report from the perspective of a workers' compensation case.
3. Gather evidence
When preparing to file a workers' compensation claim in New York, be sure to gather comprehensive evidence to support your case. That includes:
- Photographs of the work accident scene and the conditions that contributed to it.
- Statements from co-workers, supervisors, bystanders, or other witnesses.
- A copy of the official accident or incident report if one was filed by your employer.
- All medical records relating to your treatment.
4. File a claim with the Workers' Compensation Board
To initiate your claim, you’ll need to complete Form C-3 and submit it to the New York Workers’ Compensation Board within two years from the date of your work accident or discovering your occupational illness.
The information you’ll need to provide include:
- Your name, social security number, and contact information.
- Your employer’s name and address and your job description.
- A description of your work accident, injury, or occupational illness.
- The last day you worked and when you might return back to work.
- A description of any medical treatment you received.
- Witness names and contact information (if any were available).
5. Follow medical treatment recommendations
To have a viable workers’ comp claim, you’ll need to show that you’re serious about getting medical treatment and making a recovery. Attend all scheduled appointments and follow your doctor's orders for medical treatment and rehabilitation. Failing to do so could jeopardize your claim.
Avoid physical activities that could disprove your injury and never try to work another job while you’re out on workers’ comp. Insurance companies will be watching and can use evidence of your activities to delay or deny your compensation.
6. Keep records
It’s important to keep detailed records that support your workers’ compensation claim, especially if any disputes arise. Records you should maintain throughout the process include:
- A copy of the accident or incident report filed by your employer.
- Initial medical records such as emergency room records, doctor’s notes, and diagnostic results.
- Ongoing treatment such as follow-up visits, physical therapy, and any surgeries.
- Receipts and prescriptions for medications.
- Medical bills and receipts, including out-of-pocket expenses.
- Communication records with your employer, insurance companies, and the board.
- Records of any work days missed due to your injury.
