How to File a Workers' Compensation Claim in NY

Posted By Katz Leidman Grossman Wolfe & Freund || 12-Sep-2017

Suppose you were injured in a work-related accident. Now you’re wondering if you should file a workers’ compensation claim. For starters, are you eligible for workers’ compensation? Unless you’re a federal employee, you are more than likely entitled to workers’ compensation providing the following is true:

  • Your injury or illness is work-related.
  • You were not under the influence of alcohol or illegal drugs at the time of the accident.
  • You were not trying to hurt yourself during the accident.
  • You were not trying to hurt someone else; for example, you did not provoke a fist fight with a co-worker.
  • Your employer carries workers’ compensation insurance or if they don’t, they are legally required to carry it.
  • You are an employee of the company whose insurance you intend to use.

You may have noticed that we didn’t mention fault above. This is because workers’ compensation is a no-fault program. This means that injured workers can collect benefits even if the accident was a result of their own negligence.

How Do I File a Workers’ Compensation Claim?

While the workers’ compensation laws vary from state-to-state, the process for filing a claim is rather uniform. If you are ever injured on-the-job, you should follow these basic procedures:

  • Report the injury or illness to your employer asap. You do not want to delay, otherwise you could forfeit your right to compensation if you let too much time elapse.
  • Seek medical attention as soon as possible. If you are injured, try to see a doctor that day or the following day.
  • Hire a workers’ compensation attorney to help you file a workers’ compensation claim.
  • Ask your attorney about third party claims. Do you have one in addition to your workers’ compensation claim?

To learn more about the claims process in New York, click here. The information provided by the New York State Workers’ Compensation Board will give you a more detailed timeline. To file a claim on Long Island or New York City, contact our firm today!