How To Prevent Workers’ Comp Disqualification in New York

Have you been injured on the job in New York? If so, you may be eligible for the state’s workers’ compensation benefits. These can include coverage for medical treatment and lost wages. However, in some cases, injured workers find their claims denied or disqualified, leaving them without the support they need. Thankfully, there are ways to avoid that and ensure you receive the benefits you deserve.

Why Do Workers’ Comp Disqualifications Happen?

In New York, there are a few common reasons an injured worker’s claim can get disqualified, including:

Not Reporting Your Injuries Quickly

In New York, you must notify your employer within 30 days of getting hurt at work. The faster you do report it, the better your outcome will be. However, reporting the incident months or years later can cast serious doubts on your claim. Your employer might think you’re making a false claim for benefits, leading them to dispute it.

Not Following Medical Orders

Another common reason for disqualification is not following doctors’ treatment orders, including missing appointments or not taking your medications. If you seem non-compliant with medical care, it may seem that you’re exaggerating your condition or even lying about it. Always listen to your doctors and document every appointment to avoid any issues during the process.

Making False Statements

Another issue is making false statements later in the claim process, such as exaggerating an injury or lying about your medical history. Be honest when reporting your injury from day one, and stick to the facts throughout the claim process.

Refusing Work Accommodations

Sometimes, employers will give you alternative job responsibilities while you recover. But if you refuse these arrangements, your employer may assume you’re unwilling to work. Accepting accommodations shows you take recovery seriously and ensures you won’t encounter problems in your workplace.

How You Can Prevent Disqualification

You can avoid the common pitfalls that lead to disqualification with some diligence. Here’s what you need to do to ensure the process goes well:

• Report Your Injuries ASAP: Remember, you have 30 days to tell about your incident in writing. However, try to notify them and have doctors document your injuries as early as possible to avoid jeopardizing your claim.
• Communicate With Your Employer: Maintaining open communication with your employer throughout the process will ensure it goes as smoothly as possible. Always give them any updated timelines from doctors and answer any questions they have about the injury and treatment status.
• Get Consistent Medical Treatment: Following your doctor’s instructions should be your priority. Attend all of your appointments and take medications exactly as directed. Doing this can build trust and strengthen your claim’s validity.
• Follow Work Restrictions: If your employer offers accommodated duties, accept them. This action shows your desire to return to work while staying on top of your recovery.

Our Lawyers Are Here To Help

Suffering a workplace injury can be difficult enough to handle on its own. But you shouldn’t have to stress over your workers’ comp claim getting unfairly disqualified, too. If your employer has disputed your claim or stopped benefits, there’s no need to worry. Our experienced New York workers’ compensation lawyers are here to help fight for what you deserve. Please contact us online or at (866) 442-0513 to schedule a free case review today.