If you’ve been injured at work, it’s incredibly important that you file a worker’s compensation claim as soon as possible to ensure that you receive the benefits you deserve! Immediately after being injured, the first thing you should do is seek medical care. Make your medical care provider aware that your injury occurred at work and have them file your medical report with the Workers’ Compensation Board and with your employer or your employer’s insurance carrier.
After you have had your injury treated, your next step should be to inform your employer of your injury. This must be done within 30 days and should be done verbally and through a written notice. Detail how and when your accident occurred and ensure that all information you provide is accurate. Inaccurate information may be grounds to have your case dismissed, so it is important only to note exactly what you know to be true. Be sure to keep copies of all documents in a safe and secure place. If you choose not to file a claim or notify your employer of your injury, this can forfeit your right to compensation.
After you are injured, and have informed your employer of your injury, it’s time to file a claim with the New York State Workers’ Compensation Board. You will need the Employee Claim (C-3) form to file your claim. You can file this form online, by mail, or in person at your local Board office. This form is one of the most important pieces of your claim, and it is vital that everything on this form be truthful and correct. At this stage, we suggest hiring a worker’s compensation attorney, as they will ensure that you are filing this form correctly.
In this form, you will define your job role, how the injury occurred, the extent of your injury, and more. Ensure that you have read your rights, located on the last page of the C-3 form. Once you have completed the form, file it with your nearest Workers’ Compensation Board office. While it is important to do this as soon as possible after an injury, you are legally able to file a claim up to two years after you were injured. It’s important to note, and to not confuse the two requirements, that while you have up to two years to file a claim, you are legally required to notify your employer of your injury within 30 days.
Once your claim has been submitted, you should receive a written statement of your rights from your employer’s insurance. If you are out of work for more than seven days, you will start to receive benefits. You will be notified if your claim is being disputed. For a more detailed look at the claims process timeline, visit our workers’ compensation resources page!
Choose Erwin, McCane & Daly
At EMD Law, we know that navigating the workers’ compensation world can be challenging. We are here to help you file a successful claim to get you the benefits you deserve. Schedule a free consultation with our team today!
