According to the Center for New York City Affairs (CNYCA), about 200,000 employees sustain workplace injuries in the State of New York each year. Many of these employees will file a workers’ compensation claim, and some will be denied.
Why does this happen? Workers’ compensation insurance providers deny many eligible claims or don’t pay injured workers the full extent of the compensation they may have expected. A workers’ compensation attorney in New York can help you avoid common workers’ comp claim mistakes that often lead to claim denial, some of which we list below.
Mistake No.1: Not Reporting Your Injury on Time
Employer notification is the first crucial step in protecting your rights to workers’ compensation. Report your injury to your employer or direct supervisor, even if you’re sure they already know of the accident and even if they were on the scene at the time of your injury.
Give this report in writing. If the company has a standard protocol for reporting workplace injuries, follow it. Document this communication so you can prove you made the report on time, even if the employer was late in notifying their workers’ compensation insurer of your injury.
You have thirty (30) days from the date of your accident to notify your employer/ supervisor.
Mistake No. 2: Assuming You’re Not Eligible for Workers’ Compensation
According to the Bureau of Labor Statistics, about 2.8 million workers suffered a nonfatal workplace injury or illness in 2022. Chances are, many of these employees didn’t even start the workers’ compensation claim process because they assumed they were not entitled to workers’ compensation benefits.
For example, maybe you suffered your injury or illness not following a single incident but because of repetitive stress (e.g., carpal tunnel syndrome) or prolonged exposure to hazardous substances. Maybe you no longer work for the employer responsible for providing workers’ compensation coverage. However, you could still be eligible for compensation benefits.
Or perhaps your employer argues that you’re not entitled to workers’ compensation because you’re an independent contractor. A CNYCA report points out that over 870,000 employees in NY work under the mistaken label of independent contractors, while they are, in fact, full-time workers. Many employers misclassify employees as independent contractors on purpose to avoid paying benefits.
In short, before you assume you have no right to workers’ compensation, please contact an experienced workers’ compensation lawyer and learn your rights.
Mistake No. 3: Using Your Private Health Insurance
Your employer may suggest that you simply use your private health insurance to cover medical costs after a workplace injury. They may claim it’s simpler and quicker, especially if your injury “isn’t that serious.” Don’t make this mistake!
Private health insurance benefits fall far short of what you can claim through workers’ compensation. While health insurance will cover your medical costs, it typically involves co-payments and deductibles. Moreover, it may severely restrict your choice of healthcare providers and available treatments.
Workers’ compensation usually gives you a wider range of reimbursement for medical expenses, and you’ll probably be able to choose your healthcare provider as long as they have authorization from the New York State Workers’ Compensation Board. Moreover, workers’ compensation may offer additional benefits like vocational rehabilitation.
Mistake No. 4: Not Providing Enough Documentation
When you see a doctor following your workplace injury, give them a full and accurate description of the injury, how it happened while working, and your symptoms. Do the same during follow-up appointments. You need a strong chain of medical documentation linking your condition to your work related accident.
Remember, insurers will often look for a loophole to deny your claim. Don’t give them this opportunity. Ensure your medical records clearly outline the workplace injury and its effect on your health. Also, save any other corroborating evidence, like photos of the accident scene and statements by other workers who may have witnessed the accident.
Mistake No. 5: Not Following Your Doctor’s Recommendations
If your treating physician says you must take some time off work, do so. Don’t return to work before your doctor says you can, and avoid taking on any tasks the doctor states are inappropriate for your condition. If your employer pressures you to return to work or resume your previous duties, state your doctor’s opinion.
Follow your physician’s instructions to a T outside work as well. If your doctor states you shouldn’t lift heavy objects or avoid other types of strain, obey their guidelines. Come to every follow-up appointment and procedure and save records of those. You need to show you did everything to aid your recovery.
Likewise, avoid posting social media content that could indicate that you’re ignoring your doctor’s instructions or that your injury is less debilitating than you claim. Adjusters working on the insurance company’s behalf could comb your social media channels for any evidence that may harm your case.
Mistake No. 6: Not Working With a Lawyer
Theoretically, the workers’ compensation system should be straightforward enough to allow injured workers to settle claims on their own. This may be the case with minor claims, but if you suffered a serious injury and are out of work for than a week compensation, there’s a strong chance your employer’s workers’ compensation provider will challenge your claim.
For instance, the insurer may state that you’re not entitled to workers’ compensation because of technical reasons like incomplete paperwork or because your injury occurred during lunch break. They may claim a prior condition aggravated your injury or use dishonest arguments to downplay the effects of the injury on your long-term health and employability.
Enlisting a competent workers’ compensation lawyer to protect your rights is critical in these situations. Yes, the lawyer’s fee will come from a portion of your benefits or settlement, but you’re still likely to collect larger compensation with a qualified legal professional fighting for your interests.
Contact Us To Consult an Experienced Workers’ Compensation Lawyer in New York
Are you preparing to file a workers’ compensation claim after a workplace injury in New York? Contact us at Pyrros, Serres & Rupwani. Our experienced workers’ compensation attorneys can explain your legal rights, prepare you before a hearing for a workers’ compensation case, and work hard to ensure you collect the maximum available amount of compensation.
Call (718) 626-7730, text (646) 902-4588, or fill out our quick online form for a free case evaluation 24/7.
FAQ
How much time do I have to file a workers’ compensation claim in New York?
You have up to two years to file a workers’ compensation claim for an illness or injury. However, to protect your rights to file a claim, you must report the injury to your employer within 30 days or, preferably, immediately after the incident.
Can I sue my employer for negligence in addition to filing for workers’ compensation?
Unfortunately, under most circumstances you cannot sue your employer. Carrying workers’ compensation coverage protects your employer from any further legal claims related to your work related injury or illness. However, you may be able to sue a third party, like a subcontractor or independent worker, if their negligence led to your workplace accident.
What does workers’ compensation cover?
Workers’ compensation will typically cover your eligible medical treatment costs and up to two-thirds of your average weekly wage in the year before the injury. In cases of fatal injuries, the surviving spouse and dependents are likewise entitled to cash benefits of up to two-thirds of the deceased worker’s weekly wage, plus funeral costs.
Am I entitled to workers’ compensation if I’m an undocumented immigrant worker?
Yes. NY law protects your rights to workers’ compensation regardless of your immigration status. Please contact our law firm if you’re an undocumented immigrant and your employer discourages you from filing a workers’ compensation claim or threatens you with deportation after a workplace injury.
