Filing a Workers' Comp Claim in New York

Posted By Katz, Leidman, Freund & Herman || 3-Oct-2018

If you were recently injured in a work-related accident or if you’re suffering from an occupational (work-related) disease, you’ll want to learn about the workers’ compensationclaim process – when and how to file a claim. Because, if you don’t follow the proper protocol, you could lose your right to valuable benefits and you don’t want that to happen!

Here are the steps to file a workers’ compensation claim in New York:

Step 1. Obtain proper medical treatment immediately. You do not want to delay, otherwise it could hurt your claim later on. Not only that, but if you don’t get the medical care you need, your condition can worsen.

Step 2. Notify your employer, supervisor, or manager (your boss) as soon as possible about the accident. Let them know when and how it occurred.

Step 3. Contact our firm to hire a Long Island workers’ compensation attorney. We can help you file a claim with the proper New York Workers’ Compensation Board District Office. Even though this has to be done within two years of the accident, or within two years of when you learned about or should have known that the injury was work-related, we recommend filing a claim well before that if possible.

Step 4. Within 48 hours of the accident, your doctor completes a preliminary medical report and mails it to the applicable Board District Office. The doctor also has to send copies to your employer or its insurance carrier, to you and your attorney.

Step 5. Within 10 days of receiving notice about your accident, your employer has to report the injury to the Board and the employer’s insurance company.

Step 6. Within 14 days of receiving the employer’s report of your work-related injury or illness, the insurer has to provide you with a written statement of your rights under New York law.

Step 7. Within 18 days of receiving the employer’s report of your work-related injury or illness, the insurer begins paying you benefits if your lost time exceeds seven days. If the insurer disputes your claim, it must inform the Workers’ Compensation Board.

Related: How to File a Workers’ Compensation Claim in NY

Looking for a Long Island workers’ compensation attorney? Contact our firm today.

Categories: Workers' Compensation