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What You Need to Know About the NY Workers’ Comp Process

The workers’ compensation claims process can be very complicated.  The process is filled with pitfalls and statutory deadlines that skilled attorneys know to be on the lookout for.  What follows is a short overview of that process.  For a more detailed explanation, please give us a call.

Right After the Injury

The very first thing you should do is seek medical treatment and notify your boss about how the accident occurred.  You have thirty days from the time of the accident to notify your employer (in writing) about the facts and circumstances of your injury.  Then, you file a Form C-3 with the NY Board of Workers’ Compensation.  This form must be filed within two years of the accident or within two years of the date from which you should reasonably have known that you were injured (whichever is later).

Within 48 Hours

Your treating physician will complete a preliminary medical report and mail it to the NY Board of Workers’ Compensation District Office, also sending copies to your employer, you, and your lawyer (if you have one).

10 Days After Notification of the Accident

Your employer must report the injury to the Board of Workers’ Compensation and its insurance company.

14 Days After That

The insurance company will provide you with a written statement of your rights under the law.  If your insurance company requires claimants to use doctors and physicians in their own network, they have to give you the name and contact information of that network at the time that they send the initial statement.

Within 15 Days of Your Initial Treatment

Your doctor will complete a 15 day report of the injury and treatment and mail it to the District Office.

Within 18 Days of Notification

Your insurer begins to pay you benefits if your time off of work exceeds seven days.  If they have decided to dispute your claim, the insurance company must notify the Workers’ Compensation Board at this time.

Every Other Week

Once every two weeks, the insurance company will continue to make payments of benefits.

Every 45 Days

Your doctor must submit periodic progress reports to the Board of Workers’ Compensation.

After 12 Weeks

After 12 weeks have passed, the insurance company will consider the necessity of rehabilitation treatment.