Filing a Claim
New York Workers’ Compensation – Filing a Claim
If you have suffered a workplace injury or illness or were dependant on a deceased worker, it is important that a workers’ compensation claim is properly filed and documented.
As soon as practical, the workplace injury, illness or death should be reported to the employer in writing within 30 days of the occurrence. This is what is called the notice requirement under the workers’ compensation law. Lack of proper notice to the employer can be a bar to receiving benefits. However, even when written notice is not given to the employer, it may be possible to demonstrate that the employer had actual notice of the injury, because a manager, supervisor or similar employee was present at the time of the accident or that such individual was provided with a verbal account of the incident. The notice requirement allows the employer the opportunity to investigate the incident at an early stage in the case.
Medical evaluation and treatment are paramount in establishing and documenting workplace injuries and illnesses. For the most part, without proper medical evidence of an injury or illness, a claim cannot be established and benefits will be denied. The workers’ compensation board relies heavily on medical evidence. Therefore, it is imperative that an injured worker seek immediate medical care after the accident or symptoms of an illness. Outside of a hospital, a worker would be best served by receiving medical care and treatment by a provider who specializes in workers’ compensation claims.
Filing the actual claim for benefits requires the worker or representative to complete a form called the C-3 and file it with the workers’ compensation board. This form has several parts which require among other things, identifying information, and a description of how, when and where the accident, injury, illness or death occurred. It also calls for additional information regarding the scope of the injury, medical treatment, employer, wage and witness information. This claim form should be submitted as soon as possible, but no later than two years from the date of the workplace accident or death. A claim for an occupational disease must be filed within two years from the date the worker became disabled or should have known that such illness was work related.
The process discussed above can often be straightforward with claimants receiving benefits without delay. However, employers also routinely contest claims based upon allegations that the claimant has failed to adhere to the above initial claim filing requirements. An experienced attorney should be consulted whether or not the claim seems straightforward. An attorney can assist a claimant with the issue of lack of or late notice to the employer by presenting evidence of circumstantial notice or that notice is not required at all. Most claimants would also benefit from an attorney’s review and/or preparation of the C-3 claim form, as this document is routinely scrutinized by employers in an attempt to discredit the claimant. An attorney can also provide a claimant with a list of approved medical providers who are experienced with workers’ compensation claims. Without proper medical evidence, a claim can be delayed, or denied altogether.
If you have suffered an unfortunate accident at work, or have been the victim of a medical condition caused from the nature of your job, you may be entitled to significant compensation from your employer or other responsible party. Don’t go it alone, The Law Offices of David Smoren, PLLC has the expertise and resources to file and prosecute a successful workers’ compensation claim on your behalf. Employers have attorneys protecting their rights and so should you.
The Law Offices of David Smoren, PLLC has successfully handled hundreds of workers’ compensation claims resulting in millions of dollars in monetary compensation and medical benefits for our clients. There is never a fee unless we are successful in recovering benefits for you. Call 718 225-6700 today for a free phone consultation or to arrange for an office or in home consultation or simply post a comment or question on the contact form.