There are specific steps which must be taken by an injured worker to ensure their workers' compensation case is handled properly. When these steps are not taken, the injured worker could very well set themselves up for a claim that is denied or a reduction in benefits paid. The New York Workers' Compensation Board provides detailed instructions for employees who have been hurt on the job, giving step by step guidance through the process.
Immediately after an accident on the job, the injured worker must seek medical treatment and notify their employer of the injury. This includes providing details about the accident and how the injury occurred. Written notification of the injury should be given to the employer, in not immediately within 30 days of the incident. A claim form should be filed as soon as possible; employees have up to two years following the accident to file a claim.
While the injured worker is taking the necessary steps on their end, other parties are also involved in the claims process. The doctor providing treatment will send a medical report to the workers' compensation district office within 48 hours of treatment.
This starts the rest of the claims process which includes review of the claim and determination of benefits. Since there are many things that can happen throughout the claims process that may result in the denial of benefits, injured workers are encouraged to speak to an experienced attorney about their case. Although workers' compensation is in place to guarantee coverage for workers injured on the job, the many loopholes and stipulations within the system often result in a loss of benefits. Having a person experienced with the system representing your rights will ensure you do not miss out on compensation for your injury.
