Suffering an injury at work can be both physically painful and emotionally stressful for you, but adding legal deadlines and requirements to this can quickly feel overwhelming. If you’d like to protect your rights, it’s crucial to understand how to properly report a workplace injury and navigate the workers’ compensation system in New York.
In this guide, Pyrros, Serres & Rupwani will explain how workers’ compensation in New York works, including the essential steps to take if you’re ever injured on the job. It can be a complex process, so you can also turn to our team of workers’ compensation attorneys in New York to ensure you don’t miss any critical deadlines.
Understanding Your Workers’ Compensation Claim in New York
The U.S. Bureau of Labor Statistics reports that nearly one in five workplace deaths occur in construction. In 2022, there were 1,092 fatalities in this industry alone. From 2021 to 2022, there were also 144,480 non-fatal injury cases that led to construction employees missing days at work.
You may not be in construction, but workplace risks don’t have to happen on top of a high-rise to be serious. Workers’ compensation in New York provides essential financial protection for any and all employees who suffer job-related injuries or illnesses. That’s why New York law requires that virtually all for-profit companies and some non-profit organizations carry this insurance for their workers.
New York’s workers’ compensation system operates on a no-fault basis. You can receive benefits regardless of who caused the accident, including coverage for medical expenses and wage replacement (of up to two-thirds of your average weekly wage) while you recover. However, knowing your rights under the NY workers’ comp benefits system is the first step, and you must remember that timely reporting preserves your eligibility.
Your Workers’ Compensation Attorney in New York May Emphasize Critical Reporting Deadlines
The U.S. BLS also reported that, in 2022, falls, slips, and trips accounted for 38.4% of construction-related deaths. That’s understandable in construction, but what about in other industries? Even if you only have a simple slip or tripping incident at work, time is of the essence when it comes to putting in New York workplace injury claims.
Report the injury immediately to strengthen your claim and prevent your employer from arguing that your injury happened outside of work. The key deadlines to remember here include the following:
- Notify your employer within 30 days of your injury (preferably immediately).
- Seek medical treatment as soon as possible after the injury.
- File a claim with the Workers’ Compensation Board within two years.
Your employer must also report your injury to their insurance carrier within ten days. Missing these deadlines can result in the denial of your workers’ compensation claim in New York, leaving you responsible for medical bills and lost wages.
How To Properly Document Your Workplace Injury
As you might imagine, proper documentation is crucial for a successful claim. NY stipulates that if you’re injured, you must file a written claim with the NYS Workers’ Compensation Board as soon as possible to note, among other things, the following:
- Your name, address, phone number, and other contact details.
- The date, time, and location of your injury.
- Your description of how the injury occurred.
- Your specific injuries, symptoms, or conditions.
- The names of any witnesses.
- The workdays you’ve missed due to your injury and recovery.
Medical Treatment and Documentation Requirements
Did you know that according to the Census of Fatal Occupational Injuries by the BLS, one worker died from a work-related injury every 99 minutes in 2023? Seeking prompt medical attention is critical not only for your health but also for your future workers’ compensation claims. Medical records link your injury to your workplace if you do the following:
- Tell your healthcare provider that your injury is work-related. They should document this in your medical records and assess whether your injury prevents you from working.
- See a doctor immediately. New York employer liability coverage may require you to see specific healthcare providers for treatment. In emergency situations, any available provider is acceptable.
- Keep copies of all medical documentation. Your records should include diagnoses, treatment plans, and work restrictions to help your workers’ compensation lawyer in New York streamline your claim.
Filing Your Claim With the Workers’ Compensation Board in New York
Have you reported your injury to your employer? The next step is filing a claim with the Workers’ Compensation Board in New York by completing a Form C-3, which requires information about your employment, incident, and injury.
With the help of a workers’ compensation attorney, ways to submit your Form C-3 for workers’ compensation in New York include:
- Online through the NYS Workers’ Compensation Board website
- By phone at (866) 396-8314
- By mail using a paper form
Your employer must report your injury to their insurance carrier and the Board within the deadline if your injury causes you to miss work or receive medical treatment beyond first aid. For the sake of upholding injured worker legal rights, NY allows you to file independently if your employer doesn’t fulfill their reporting obligations.
What To Do If Insurers Challenge Your Workers’ Compensation Claim
Your employer or their insurance company could dispute your workers’ compensation claim by questioning whether the injury is work-related or arguing that you didn’t report it promptly. Proper documentation becomes even more important in the face of such a dispute.
In contested cases, the Workers’ Compensation Board may schedule a hearing where you’ll need to present proof of your notice to your employer, medical records, and witness statements to establish the validity of your claim. A workers’ compensation attorney in New York can be valuable in preparing for these hearings and navigating the system.
Pyrros, Serres & Rupwani: Your Workers’ Compensation Lawyer in New York
Navigating the workers’ compensation system can be overwhelming when you’re already dealing with an injury. It helps to have someone who understands the challenges and remains committed to helping you, exercise your legal rights. If you’d like help with workers’ compensation in New York claims or more information about your rights after an injury, visit our workplace injury rights FAQs page or call us.
Contact Pyrros, Serres & Rupwani at (718) 626-7730 today!
Frequently Asked Questions
Here are some common questions about workplace injuries and workers’ compensation claims in New York.
How Long Do I Have To Report a Workplace Injury in New York?
You have 30 days to notify your employer about your workplace injury in New York, but it’s advisable to report it immediately. For you to file a claim with the Workers’ Compensation Board, the statute of limitations is two years from the date of injury.
Can I Choose My Own Doctor for a Work-Related Injury?
Yes, in many cases, New York will allow injured workers to choose their own doctors as long as those medical professionals are authorized by the Workers’ Compensation Board. Certain employers have preferred provider organizations, so you may need to use their network for the first 30 days.
What Benefits Am I Entitled To Under Workers’ Compensation?
Workers’ compensation in New York typically provides coverage for all necessary medical treatment related to your work injury, wage replacement benefits of up to two-thirds of your average weekly wage, and compensation for permanent disabilities, if applicable.
