Workplace Injury Survival Guide

Work Injury Claim Steps

Tips from a Workers Injury Lawyer in New York

An injury on the job, whether minor or severe, can leave an employee wondering about their rights. It is important to know what your rights are as an employee and what to do if you are injured at work. By taking the right steps after a workplace injury, you can preserve your eligibility to claim workers’ compensation insurance benefits.


What to do Immediately after the Injury


If injured at work or while performing a job-related task, seek medical attention, first aid or another form of assistance right away. The treating provider must be authorized by the Workers’ Compensation Board, unless you are in a dire emergency situation. The state has a list of health care providers pre-approved for workers’ compensation treatments.


The Next Steps—Advice from a Work Injury Attorney


These steps are critical to the outcome of your workers’ compensation claim. To ensure you receive proper benefits, you will need to:


  • Notify Your Supervisor – You are required to inform your supervisor about the workplace injury and give specific details as to how it occurred, as fast as possible. While the state requires you to formally notify (in writing) within 30 days, it is best you do this right away to preserve any potential evidence. If an occupational disease is being reported, notification must be given within two years after disablement or within two years of discovering the work-related illness.
  • File a Claim – Workers’ compensation claims are filed on Form C-3 and mailed to the nearest Workers’ Compensation Board office. It is best you meet with a workers’ injury lawyer first to ensure you have completed the form entirely and correctly.
  • Receive Treatment – Once you are under a workers’ compensation claim, you must follow the doctor’s instructions. You may be required to attend an Independent Medical Examination. Failing to follow your doctor’s instructions could result in a revocation of your benefits.
  • Contact a Work Injury Attorney – Workers’ compensation claims may sometimes be denied for simple errors or omissions. If you have been injured at work, it is in your best interest to contact an experienced workers’ compensation attorney .


In most workers’ compensation cases, injured employees will have to go to court to receive the benefits they are entitled to. With a work injury attorney by your side, you can ensure you get the benefits you deserve for your work-related injury or illness. The attorneys at Erwin, McCane & Daly can assist you with your workers’ compensation claims.


Call us today at 518-449-2245 or contact us online to schedule your free consultation .