Off The Record – Workers’ Comp – Elements of Filing a WC Claim

Video Transcript

An accident in the workplace can happen in many ways. You may have fallen from a ladder, or you were walking down the hallway and tripped over a wastepaper basket.

The first thing to understand is that there has to be an accident.

I see it all the time. People say, “I was walking down the hallway and my knee started to bother me.” I tell them that’s technically not an accident. You could have been walking at home with that same history, and there’s nothing specific to your work that relates it to a Workers’ Compensation case.

So you do need to have an accident.

If you’re walking, you slip, and you twist your knee, that is an accident. Just walking in general is not considered an accident, so keep that in mind.

The second thing you must do is give notice to your employer within 30 days of the accident.

Keep in mind, you have two years to file your claim with the Workers’ Compensation Board, but you must notify your employer within 30 days that you’ve been involved in a workplace accident. If you don’t, it can bar your claim.

The last thing we must show is what’s called causal relationship.

What is causal relationship?

You need to seek treatment from a medical doctor in the State of New York, or, depending on the injury, a chiropractor or podiatrist. That medical provider must examine you, diagnose the problem, and state that the condition being diagnosed is causally related to the workplace accident we referenced earlier.

Once you meet those three requirements—an accident, timely notice, and causal relationship—you have a very high success rate in proving your case before the Workers’ Compensation Board.

How do I get involved?

I can assist you in filing the C-3 Employee Claim Form, make sure you receive the proper medical treatment, and ensure that your employer is notified on time.

If you need help with a Workers’ Compensation claim, feel free to give me a call.

516-745-5666

Thank you.