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Understanding The Workers’ Compensation Process in New York

If you've been injured in an accident or on the job, the attorneys of Hach & Rose, LLP have the knowledge, skills, and experience required to hold the party responsible for your injury accountable.

Last Updated: 07-25-2023
Last Updated: 07-25-2023
Written by: Michael A. Rose and Gregory Hach

worker hurt and on the floor of warehouseIf you have been injured on the job, you are likely entitled to claim workers’ compensation benefits from your employer’s workers’ comp policy. New York State requires employers to carry workers’ compensation insurance, with limited exceptions. This coverage must be carried and maintained and cover all employees. Even part-time workers and family members whom the company employs. The workers’ compensation process in New York is complex. You may need an attorney to help you navigate it.

What types of injuries qualify me for workers’ compensation?

Any injury you sustain while on the job gives you the right to workers’ compensation. This could be a slip and fall, a laceration, muscle strain, or getting hit by falling debris, such as on a construction site. However, workers’ compensation is not afforded if you were injured outside the scope of the workplace. Such as when driving to and from work or between work sites. But occupational diseases that develop because of working conditions, such as mesothelioma and hearing loss, entitle you to workers’ compensation.

Starting the workers’ compensation process

If you have been injured at work, you must file a report to your employer in writing within 30 days of the accident. If you file after the 30-day window, you may lose your right to compensation. Regarding occupational disease, you must report it within two years of discovering that the illness arose from your working environment. Your employer will provide you with a C-3 form that you must fill out and mail to the Workers’ Compensation Board. Your employer will fill out a C-2 form with information about your claim. And they will send it to the Workers’ Compensation Board and the employer’s insurance carrier.

Can I see my regular doctor for treatment?

You may be able to receive treatment from your doctor. But you need to check that the Workers’ Compensation Board authorizes them to treat injured workers and that they are in your employer’s Preferred Provider Organization (PPO). Otherwise, the employer’s insurance carrier might not be able to cover the medical bill from that visit. You can visit this website to check if your doctor is authorized to treat injured workers by the Compensation Board.

When you need an attorney

You may need to consult an attorney if you need assistance filing your worker’s compensation claim. Or if you decide to appeal a decision you disagree with that your employer or their insurance carrier made. For example, you can appeal the insurance’s decision to deny your claim.

Call the experienced New York workers’ compensation attorneys at Hach & Rose, LLP if you decide to appeal any denial. Our team can help you navigate the workers’ compensation process and get the benefits you deserve. Call us at Hach & Rose, LLP to discuss your options today.

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