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.
How to File a Workers’ Compensation Claim in NY
Looking for a Long Island workers’ compensation attorney?
Contact our firm today.