Worker’s compensation insurance provides benefits for employees who suffer injuries on the job or suffer from an illness related to their work. These benefits pay any related medical bills and provide partial coverage of lost wages until you can return to work. Most workers in New York State have access to this type of insurance, thanks to the state’s Worker’s Compensation Law.
A worker’s compensation lawyer in Oakdale, Long Island can help you understand your rights and benefits throughout the worker’s compensation claims process. He or she will walk you through the complicated claims filing process, ensuring you submit all the forms on time and you get the medical care you need. Call Gacovino, Lake & Associates, P.C today at 631-600-0000 to schedule a complimentary consultation.
What Are the New York State Requirements for Worker’s Compensation Coverage?
Most employers in New York State must provide their employees with worker’s compensation insurance free of charge; the state law requires this. From the moment they begin their employment, this insurance should cover any workplace injury suffered by one of these employees. Benefits include weekly cash benefits to cover lost wages, as well as paying out for all related medical bills.
You will only get these benefits, however, if you follow specific rules about reporting the injury, seeing a doctor, and filing your claim. Always prioritize your health after an injury. Call for an ambulance or see a doctor as soon as possible to get medical care. Even if your supervisor is aware of your injury when it happens, you still need to notify them in writing officially. You have 30 days to file this written notification that explains your injuries and the facts of the incident. You must do this before filing your claim, so you probably do not want to wait the full month and delay your benefits.
To officially request benefits, you will need to file a form C-3 with the local Board District Office. You have two years from the date you discovered your injuries to file this form, but you will not get benefits until you file and they approve this claim. Only then can you begin to receive about two-thirds of your usual income as cash benefits each week.
Do I Need a Worker’s Compensation Attorney to File My Claim?
Most worker’s compensation claims go smoothly, and people get the benefits they need while away from work recovering. However, this is not always the case. If you have questions about the claims process or believe you deserve additional benefits, give us a call. We can answer any questions you have about how the worker’s compensation process works and help you navigate through it.
Our attorneys offer complimentary case reviews for all injured workers, and we handle all worker’s compensation claims on contingency. You pay nothing until we recover benefits for you. This allows you to keep the money you have, and ensure you can make ends meet for your family before worrying about paying legal fees.
What If Worker’s Compensation Denies My Workplace Injury Claim?
In theory, worker’s compensation insurance should pay out for any injury that happened at work, no matter who caused it. However, things do not always go smoothly. It is not uncommon for an employer to claim the injuries happened outside of work, or for the insurance carrier to deny you benefits for another reason. Sometimes, they even accuse employees of acting carelessly or being under the influence of drugs or alcohol at the time of the accident, even when there is little proof of this behavior.
If your employer or the worker’s compensation insurance carrier denies your claim or disputes your story of how your injuries occurred, this can significantly delay your much-needed cash benefits from worker’s comp. For this reason, it is important to call us right away. You will want to enlist a worker’s compensation attorney to help you appeal their decision and take your case before an administrative law judge.
As quickly as possible after you call us, we build a strong case to support your claim and request the administrative law hearing. Depending on how long this takes and your current health condition, we may also be able to help you apply for disability benefits while you wait. This can offer you a source of income if you cannot immediately get the weekly cash benefits from worker’s compensation but cannot return to work.
Can My Doctor Treat My Workplace Injuries?
In many cases, your doctor can treat your workplace injuries and receive compensation from your worker’s compensation insurance company for their services. This is possible because your employer does not generally choose the doctor you see after an on-the-job injury. Instead, you can see any doctor approved by the New York State Worker’s Compensation Board. Just make sure you ask your doctor if they have approval to treat workers’ compensation cases before treatment.
Occasionally, you may not be able to choose a doctor because your employer participates in a managed care plan. These plans require you to see a particular doctor for the first 30 days of your treatment. After the first month, you can see any doctor approved by the Worker’s Compensation Board.