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

Video Transcript

Hi, everyone. My name is Craig Rosasco, senior partner at the law firm of Turley Redmond & Rosasco. Today we’re going to talk about the elements of filing a workers’ compensation claim in the state of New York. So what must we prove and what must we do in order to file a claim?

Let’s start first with filing a claim. There is a C3 form that is an evidence-based document that you will file with the Workers’ Compensation Board, and we strongly recommend you do that with the guidance of an attorney because as an evidentiary document, things that are placed on that can be used for your claim but more concerningly against you in your claim.

So C3 form gets filed with the Workers’ Compensation Board. By law that filing has to be done within two years of the accident. Once you file that claim, there are certain elements that need to be met in order to successfully prosecute a claim. The first thing you must show is that there was an accident in the workplace. He fell from a ladder. You were walking down the hallway and you tripped on a waste paper basket. It’s got 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.” And I say, “Technically not an accident.” You could have been walking at home with that same history and there’s nothing specific to your work history that relates this 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 an accident. So keep that in mind.

The second thing you must do is you must give notice to your employer of an accident within 30 days. So keep in mind, you’ve got to file on paper with the Workers’ Compensation Board within 2 years, but you must notify your employer within 30 days that you’ve been involved in an accident. If not, it’s a bar on your claim.

Last thing we must show is what’s called causal relationship. What is causal relationship? You’ve got to seek the treatment of a medical doctor in the state of New York or a chiropractor or a podiatrist for those specific areas, either a neck and back and/or a foot that they can treat. And that doctor must examine you, diagnose the problem, and state that that problem that’s being diagnosed is causally related to the accident that we referenced earlier. Once you meet those three things, accident, notice, and causal relationship, you’ve got a very high success rate in proving a case before the Workers’ Compensation Board.

How do I get involved? Because I can assist you in filing a C3, make sure you get proper treatment, and make sure that the employer is notified timely. If you need help with something like this, feel free to give me a call. 516-745-5666. Thank you.