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How To File A Workers’ Compensation Claim In New York

New York Workers’ Compensation law provides financial benefits for workers who become injured in the course of employment.

These benefits are intended to help injured workers pay for medical expenses and lost wages that they have incurred as a result of their work-related injury.

However, in order to obtain workers’ compensation benefits you must file a workers’ compensation claim with the Workers’ Compensation Board of New York and they must approve your claim.Injured man with cast on feet

Filing A Claim: 3 Important Steps To Take After Being Injured 

So you’ve decided that you would like to file a workers’ compensation claim… What do you do next?

Understanding the correct steps to take after a workplace accident can help to maximize your chances of winning a workers’ compensation claim.

On the other hand, skipping steps or failing to comply with all of the requirements may result in your claim being denied.

In this article we cover some of the basic steps that you must take to successfully file a workers’ compensation claim in New York.

1. Notify Your Employer Of Your Accident / Injury

You must notify your employer that you had an accident. Workers’ compensation law in New York requires this notification to be in writing and it should be made within thirty days of the injury.

If you develop an occupational disease or condition, then you must notify your employer as soon as you learn of that condition.

Although you typically have thirty days after your injury occurred to notify your employer, it is best to file your notification as soon as possible. Additionally, it is important to remember that you must notify your employer in writing as opposed to a verbal notice. This written notification can be in an email, letter or an official accident report.

The written notice should include specific details including when, where and how you were injured or became ill.

2. Obtain Medical Care For Your Injuries As Soon As Possible

You must seek medical care as soon as you possibly can. Failing to seek medical attention is one of the common mistakes made by injured workers after an accident and is one of the main reasons for denied claims.

Even if you don’t believe the injury is that bad, you should seek medical care as soon as possible.

If you do not seek medical attention right away and your condition gets worse, then it may be difficult to prove your injury was work-related.

Every workers compensation claim is based on medical evidence that links an injury or illness condition to employment.

File a Claim with the Workers’ Compensation Board

After notifying your employer and seeking medical care you will need to file the actual claim with the Workers Compensation Board. This is done on Form C-3 which can be found on the official Workers’ Compensation Board of New York website here.

How A Qualified Lawyer Can Help You

Having a qualified workers compensation attorney help you file your claim can go a very long way and can improve your chances of winning your claim. A small mistake, such as forgetting to file a document on time, can result in a denied workers’ comp claim.

Additionally, it is important to know that the insurance company that is responsible for paying workers’ compensation benefits will have an army of attorneys whose sole purpose is to keep costs down for the insurance company.

An attorney can help you file a workers’ compensation claim properly.   You should speak to a workers compensation claim attorney as soon as you can to allow sufficient time to gather necessary documents and file your application on time.

The Disability Guys: Helping Injured Workers In New York

You can contact our attorneys today for a free consultation. Furthermore, workers compensation claim attorney fees are set by the Judges and will only be awarded if money is actually awarded to you.

In other words, you can get professional legal assistance and have an experienced attorney help you file all of the necessary documents without taking on any financial risk.

Contact us today to speak with a qualified lawyer about your workers’ compensation claim. For more information on how long claims take and the process, visit “The Workers Comp Process And Timeline“.

Ask The Disability Guys

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They kept my best interests at heart. Updates on a regular basis of the status of the case and returning of calls was much more prompt after I started dealing with the same lawyers and support team.
Danielle Dexter, Workers Comp Client from Westchester County
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