If you or someone close to you has been injured or killed on the job in the state of New York, you need to know how to file a workers compensation claim. Here's what you need to know about the claims process and the timeline you can expect.
The injured worker should seek medical care right away. He or she should also inform his or her supervisor of the accident. The worker should notify his or her employer in writing within thirty days. He or she should then file a Board on Form Employee Claim (C-3) form with the appropriate New York State Workers Compensation Board district Office.
Within Forty-Eight Hours
The injured worker's doctor should complete and file the preliminary medical report on Form Doctor's Initial Report (C-4).
Within Ten Days
The employer should report the injury to the NYS Workers Compensation Board and his or her insurance company.
Within Fourteen Days of the Employer Report
The insurance company should give the injured worker or his or her dependents a written document that clarifies their legal rights. This should be done within fourteen days of the receipt of the Employer's Report of Work-Related Injury/Illness or the first check.
These documents should also include information about network providers the employee may be required to use.
Within Eighteen Days of the Employer Report
The insurance company should start paying benefits if time lost from work exceeds seven days. The insurer must also notify the worker if the workers comp claim is being disputed or if payment is not being made for some reason.
Every Two Weeks Thereafter
The employee receives continued benefits payments.
Every Forty-Five Days
The physician files the Form Doctor's Progress Report (C-4.2) regarding the employee's recovery progress.
After Twelve Weeks
If the employee has still not recovered, the insurer may decide to provide rehabilitative therapy.
Experienced Workers Comp Attorneys Can Help
Workers comp claims can be difficult to manage alone. If you have been injured as a result of repetitive stress disorder or other job-related activities, you could be entitled to workers compensation.
Visit our website or call 212-385-9190 to schedule a consultation with an attorney at Finkelstein, Meirowitz & Eidlisz, LLP.