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Filing a Workers' Compensation Claim

Workers' Compensation Forms Are Complex—Talk To an Experienced Lawyer in New York

Man filing a workers’ compensation claim after experiencing a work injuryThe New York workers' comp application process is challenging, and simply submitting the forms does not guarantee that workers' compensation benefits will be awarded. If documents are filled out incorrectly or are incomplete, or if you miss certain workers’ comp deadlines, that can delay or stop your payments.

Unfortunately, the harsh reality is that many injured workers fight for their rights in workers' compensation hearings simply because they left some crucial information out or worded something too vaguely. Our job as your attorney is to ensure that you file a workers' compensation claim that is complete, compelling, and effective to get a good settlement for your job injuries. That’s why it’s critical that you have legal representation if you are filing a NY workers’ compensation claim.

How to file a workers’ comp claim in New York

Filing a workers’ compensation claim starts with informing your employer that you were hurt on the job. You need to tell your supervisor or someone else in charge at your employer, and you must make this notification within 30 days. We recommend doing so in writing so that you have a record of the report.

You then need to fill out Form C-3, the Employee Claim form. By law, you have up to two years to do this, but we recommend doing so as soon as possible.

You also need to get medical attention as soon as possible after the injury. The doctor who treats you will fill out Form C-4, the Doctor’s Initial Report. Your employer must also report the work injury to its insurance carrier and the Workers’ Compensation Board.

Who is liable for a work injury?

“Liability” simply means legal responsibility – in this case, for paying for an injury. In New York, your employer (and their workers’ compensation insurance company) is responsible for paying workers’ compensation benefits, including the full cost of medical expenses, as well as partial replacement of lost wages and certain other benefits for permanent injuries. This is a no-fault system, meaning it generally doesn’t matter who caused the injury.

However, under some circumstances, a third party (that is, a person or business other than your employer) may be liable for your work injury as well – for instance, if you were hurt in a car accident, injured on someone else’s premises, or hurt by a defective product. An experienced work injury attorney can investigate and identify all parties responsible for your injuries.

What does workers’ compensation cover?

There are two main parts of a workers’ compensation claim in New York. First, workers’ comp pays the full cost of all reasonable and necessary medical expenses to treat your work injury – doctor’s appointments, surgery, follow-up visits, physical therapy, medication, medical devices, and so on. There are no co-pays, deductibles, or other out of pocket expenses. If it’s covered by workers’ comp, then workers’ comp pays the entire cost.

Second, workers’ comp provides partial replacement of lost wages if you are unable to work due to your injury. These benefits start on your eighth consecutive day of disability; if you are out of work for more than 14 days, then you will retroactively receive benefits for the first seven days as well. These benefits pay two-thirds of your average weekly wage (AWW), subject to a state maximum and minimum.

Workers’ comp also pays other benefits for permanent, disabling injuries to certain parts of the body. And if a worker is killed on the job, workers’ comp pays certain death benefits to their surviving spouse or children.

What does workers' compensation not cover?

Workers’ comp does not cover full replacement of your lost income while you are unable to work. You get only two-thirds of your average weekly wage. Workers’ compensation also does not cover non-economic losses such as pain and suffering, lost quality and enjoyment life, or loss of consortium. However, those damages may be available if you qualify to file a third-party personal injury claim.

How long do you have to report a work injury?

There are two key deadlines in the workers’ compensation system. First, if you were injured in an incident that happened at a definite time and place, you have 30 days from the day of the incident to notify your employer. This deadline does not generally apply to work-related illnesses that occur over a long period of time.

Second, you have two (2) years to notify the New York Workers’ Compensation Board and submit a formal application for benefits. If you were injured at a specific moment in time, then again, this deadline is two years from the day of the accident. If you sustained an injury or illness over a period of time, when the deadline starts is more complicated and highly dependent on the circumstances. Talk to a lawyer as soon as possible to find out how the law applies in your situation.

How do you write an injury report?

As part of the application process for workers’ compensation benefits in New York, an injury report must be submitted to the New York Workers’ Compensation Board. In most cases, it’s the employer’s job to notify the Board once a sick or injured employee has notified their employer about their work-related injury or illness. Employers have 10 days to notify the Board once an employee has notified them.

The form employers must fill out is called a C-2F form or “Employer’s First Report of Work-Related Injury/Illness.” Make sure you get a copy. That way, you can make sure the details listed on this form are correct and accurately reflect what happened when you sustained a work-related injury or illness.

Another smart step – talk to a New York workers’ compensation lawyer. We can help you review such forms and make sure they were filled out correctly.

Overwhelmed by Workers' Comp Paperwork? Call Us—We're On Your Side!

Whether you're a tunnel worker who suffered a neck injury on the job, a hospital worker with heavy lifting injuries from helping patients in and out of beds, or an administrative assistant with repetitive stress injuries from typing on a keyboard all day, we can help. We expedite workers' compensation cases for New York workers in the Bronx, Manhattan, Brooklyn, Queens, Long Island, Staten Island, Westchester, and Rockland County.

A Relentless New York Workers Comp Attorney Can Make Sure Your Voice Is Heard

We know how New York workers can be given the runaround—from being told their application forms are incomplete to dealing with a denied workers' compensation claim to having payments stopped for no reason. At Pasternack Tilker Ziegler Walsh Stanton & Romano LLP, we will aggressively pursue justice on your behalf. Call us today toll-free at (800) 692-3717 or contact us online for a free evaluation. Every discussion is confidential, and there is no obligation.