How Does a Workers’ Compensation Lawsuit Work in the State of New York?

Gene Kirzhner Personal Injury & Workers Compensation

If you’ve been injured while at work, the state of New York obligates your employer to have workers’ compensation insurance that will compensate you for your injuries. However, in order to make the workers’ compensation claim process go smoothly and effectively, you need to take all the needed steps to ensure that your legal rights are honored. An experienced New York workers’ compensation lawyer can help you start the claims process and complete all of the steps so that you get all the benefits to which you are entitled.

Timetable for Claims Process

In the state of New York, there is a basic process and timetable for filing a workers’ compensation claim, and you want to be certain that you meet all of the deadlines. The steps involved include:

  • Notify your supervisor of the accident immediately and seek medical treatment.
  • Notify your employer in writing about your accident within thirty days of your injury.
  • Within 48 hours of your accident, your doctor will complete Doctor’s Initial Report (Form C-4), and will mail it to the correct District Office. He/she will also send copies to you, your employer, and your insurer.
  • Within ten days of being notified of the accident, your employer must report your injury to the Board and insurance company by filing an Employer’s Report of Work-Related Injury/Illness (form C-2).
  • Within fourteen days of receiving the Employer’s Report, the insurance carrier must send you a written statement of your legal rights. If your claim has not been approved or denied within seven days, the insurance carrier will begin paying benefits within eighteen days of receiving your Employer’s Report.
  • Once your claim is approved, you will receive payments every two weeks.
  • Every 45 days, your doctor will submit a progress report to the Board.
  • Fill out and mail an Employee Claim (Form C-3) to the appropriate Workers’ Compensation District Office within two years from the date of your injury.

After 12 weeks and you are still recovering, your insurance will consider whether you need rehabilitation or not.

Call to Schedule a Free Consultation With a New York Workers’ Compensation Lawyer Today

Personal injury and workers’ compensation attorneys at Littman & Babiarz Law Office have been helping those injured at work in central New York for over 30 years. We have Law offices in Auburn and Ithaca NY, and look forward to supporting clients throughout Lansing, Watkins Glen, Owego, Elmira and surrounding Tomkins County, Seneca County, Cayuga County, Cortland County, Schuyler County, Chemung County, Tioga County, Yates County, Onondaga County and Broome County communities. If you need legal assistance with your workers’ compensation claim, we are here to help. Get in touch with us online or call us at 607-277-7527 regarding your free initial consultation today.