Workers' Comp Claim Process in New York

Our NYC Attorneys Can Help You Take Action

Have you been involved in a work-related accident and wondering what options you may have moving forward? Thankfully, you are legally protected in the event of an accident by workers' compensation. These benefits work to ensure that you are taken care of after an injury and that you cannot be taken advantage of by your employer during this time.

Our worker's compensation lawyers explain the workers' comp claims process and how you can begin obtaining the rights you are entitled to. For additional information, contact a lawyer at Katz, Leidman, Freund & Herman to get started.

NY Compensation Claims Process

Following is a basic description of the workers' compensation claims process in New York, although this may vary depending on your particular situation. The firm also welcomes you to call at any time to schedule a consultation with an experienced workers' compensation lawyer, to learn more about your specific rights and legal options.

  1. Immediately after the accident, you should seek medical treatment and should notify your supervisor of what happened.
  2. Within 30 days of the injury, notify your employer, in writing, of what occurred.
  3. Within two years of the accident or injury, fill out and mail an Employee Claim (form C-3) to the appropriate Workers' Compensation District Office.
  4. Within 48 hours of the accident, your doctor will complete a Doctor's Initial Report (form C-4) and mail this to the correct District Office, with copies to the employer, insurer and injured worker.
  5. Within 10 days of notification of the accident, your employer will report the injury to the Board and insurance company by filling out an Employer's Report of Work-Related Injury/Illness (form C-2).
  6. Within 14 days of receiving the Employer's Report, the insurance carrier will provide you with a written statement of your rights by law.
  7. Within 18 days of receiving the Employer's Report, the insurance carrier will begin paying benefits, if the claim has not been approved or denied within 7 days.
  8. Upon approval for a workers' compensation claim, you will receive payments from the insurer every 2 weeks.
  9. Every 45 days, your doctor will submit a progress report to the Board.
  10. If 12 weeks pass and you are still recovering, the insurance carrier will consider whether rehabilitation treatment is necessary.

Filing for workers' compensation can be a stressful process, but is oftentimes completely necessary in order to ensure that you are getting the benefits that you are owed.

Find out more about how we can guide you through the claims process and assist you in getting the full benefits to which you should be entitled under workers' compensation law by taking a few moments to contact a lawyer at Katz, Leidman, Freund & Herman today.