Filing a Workers’ Compensation Claim

Filing a workers’ compensation claim in New York can be an intimidating proposition, especially if you’ve never dealt with the system before. Nonetheless, for most injured workers, workers’ compensation benefits are essential for obtaining medical care and providing for their families until they recover from their injuries. Workplace accidents can happen to anyone — that’s why you should familiarize yourself with the workers’ compensation process, particularly how to begin a workers’ compensation claim. Our workers’ comp lawyers can help you get started.

Starting a Workers’ Compensation Claim 

Filing a workers’ compensation claim in Nassau County is fairly straightforward, although there are deadlines to observe, and you will have to gather a bit of information beforehand. Generally, the process proceeds as follows:

Step 1: Obtain Medical Attention 

The most important step to take immediately after a workplace accident is to obtain medical attention for your injuries, if necessary. Obtaining medical attention is important not only because it’s necessary for your recovery, but also because failing to obtain it can jeopardize your claim. If you fail to obtain medical attention in a timely manner or fail to follow your doctor’s directions, your workers’ compensation insurer could argue (1) your injuries are not as severe as you claim, or (2) your injuries are due to your failure to obtain medical attention and not from the accident itself. Make sure to inform your doctor that your injury is work-related so that they know to complete and submit the appropriate paperwork.

Step 2: Report Your Injury to Your Employer

Notify your employer of your injury as soon as possible. In some cases, this could be done immediately after the accident occurs. If you require emergency medical attention and can’t report the injury immediately, report it as soon as possible after receiving medical care. Regardless, you must report your injury to your employer within 30 days of the accident. Provide your notification in writing so that both you and your employer have a record of it.

Step 3: File Your Workers’ Comp Claim 

Next, file an employee claim (Form C-3) with the New York State Workers’ Compensation Board. You have two years after the accident to file this form, but we recommend not waiting until the last minute. The form asks several basic questions about you, your employer, your work, and your injury, including:

• Your employer and their contact information 
• What type of work you did
• How much and how often you were paid 
• When, where, and how the accident occurred 
• The nature of the injury 
• Whether you received medical treatment for the injury
• Whether you lost work due to the injury

If you’re not sure how to answer any of these questions, don’t worry; a workers’ comp lawyer can help you.

What Your Employer Must Do

Once you notify your employer of your injury, your employer has 10 days to file an injury report (Form C-2F) with the Workers’ Compensation Board. Make sure that you get a copy of this form so that you can verify that the information your employer provides is correct. If it is not, and your employer is resistant to correct it, you may need to speak to a workers’ comp lawyer.

Liability for Work Injuries 

Workers’ compensation in New York is a no-fault system. This means, in essence, that no one is legally liable for workplace injuries. If you suffer a work-related injury, you are covered under your employer’s workers’ compensation insurance, which provides both medical benefits and lost wage benefits.

This system has both pros and cons. On the pro side, the no-fault system ensures that injured workers receive benefits even if they were at fault for their injuries. They are also relieved of the burden of having to prove negligence by their employers. On the con side, workers who are covered by workers’ compensation insurance generally are barred from pursuing civil actions against their employers, meaning that they might receive less in workers’ compensation benefits than they could through a civil damages award.

While injured workers generally may not sue their employers for their injuries, they may pursue civil claims against any third parties who were liable for their injuries. Such parties could include contractors, subcontractors, property owners, and the manufacturers and sellers of defective products, for example. A workers’ comp lawyer can help you determine whether you may be able to pursue a third-party claim.

What Workers’ Compensation Covers 

Workers’ compensation provides both medical benefits and lost wage benefits. Medical benefits include the full cost of all necessary medical care to treat your work-related injury, including emergency care, doctors’ visits, surgery, prescription drugs, physical therapy, and medical devices. Lost wage benefits replace a portion of your wages if you are unable to work due to your injury. Generally, lost wage benefits are equal to two-thirds of your average weekly wage for the year prior to the accident multiplied by the percent you are injured (subject to certain maximums).

Exclusions From Workers’ Comp Coverage 

Unlike damages awards in civil litigation, which are designed to make the plaintiff “whole” by putting them in the same position they were in before their accident, workers’ compensation benefits do not cover everything. Most importantly, lost wage benefits cover only a portion of the worker’s wages — not all of them. Furthermore, certain types of damages that are available in civil litigation are not available through workers’ compensation, including pain and suffering, loss of consortium, and loss of enjoyment of life. And, of course, injuries must be work-related to be compensable through workers’ compensation. This requirement excludes injuries that are “work-adjacent” but not technically work-related, such as commuting accidents.

File a Claim With Help From a Workers’ Comp Lawyer 

While the workers’ compensation claims process might sound simple in theory, it is not necessarily so in practice. The best way to maximize your chances of receiving the benefits to which you are entitled is to work with an experienced attorney. To start filing your claim, please contact a workers’ comp lawyer at Turley, Redmond & Rosasco by using our online form or by calling us at 516-745-5666.