When it comes to comprehending your rights and your qualification for workers’ compensation benefits, a myriad of workers neglect to undertake the imperative steps essential for them to receive treatment. Sometimes, the reason for this could be feeling remorseful about notifying their employer of the accident. Nonetheless, it’s unequivocally paramount to report your work-related injury as expeditiously as conceivable to your boss or HR department.
So many people are plagued by this question: “How long do I have to file a lawsuit for work-related injuries?” You are not alone, as this is a customary concern. In this discourse, we shall expound on what you must comprehend when attempting to decipher how long you have to submit a claim and procure the benefits you are justly owed.
The statute of limitations in New York’s work comp regulations dictate specific deadlines that must be heeded for an injured worker or the family of a worker who perished due to their injuries to claim benefits. Missing these deadlines could cause your legal claim to falter and fail to furnish you with the benefits.
Knowing these particulars can make a colossal difference in a person’s life. Therefore, if you are reading this and you haven’t reported your accident, do it now, and obtain the advice of a work comp attorney or a workers comp doctor clinic that can steer you through the entire process.
Reporting a Work-Related Injury
In the event that you were injured while engaged in your work duties, it’s of the utmost importance to make your immediate supervisor aware of the situation without undue delay. According to the WC law of New York state, employees are obligated to report their injuries within 30 days of the incident, or else they risk being precluded from obtaining compensation through the workers’ compensation system.
In the event that a worker is in an accident that leads to supplementary pain and suffering subsequently, the worker has a window of up to two years from the date of the incident to initiate a claim.
For example, let’s say you trip and fall on a wet floor while at work, it is highly advisable to report the injury and return to work ASAP. It’s feasible to file a workers’ compensation claim if you later develop back pain or any other form of pain emanating from the accident. Often times, it can take a few days for the specific pain to manifest from the harm caused by the injury. You are permitted up to two years from the date you “should have known” to bring a claim if you have a work-related illness or injury, such as repetitive stress injuries or diseases induced by exposure to hazardous substances.
Based on the regulations of the New York State Workers’ Compensation Board, employees are given two years from the date of their incapacity or two years from when they knew or should have known that their ailment was attributable to their line of work.
How to Make a Claim for Workers’ Compensation Benefits
If an accident occurs and you get injured at work, go to the hospital as soon as possible. After being released, see a workers comp doctor (since your injury is work-related), and you should provide them with your employer’s name. Your doctor will submit reports to your employer or its insurance provider and the New York State Workers’ Compensation Board.
The medical report pertaining to your injuries will be required by the Board to assess your claim if your case is contested. This is why not just any doctor is the best fit for your situation, focus on finding one that is experienced in work comp and accident rehabilitation and the paperwork required to get you approved for treatment.
Don’t make a mistake you’ll regret: give your employer a written notice of the injury within 30 days of the incident after you first receive medical care. Your employer is required to submit a C-2 form to the Workers’ Compensation Board as soon as they receive the notice of your injury. You, or your WC lawyer, must also report your injuries as soon as possible by submitting an Employee Claim (C-3) form. By doing so, you can avoid having your benefits delayed because of failing to submit the documentation in a timely manner.
You have two years from the date of the injury to file your claim. Your claim can be rejected if you don’t file within exactly two years since the accident happened. You can submit your C-3 form in a number of ways, including online, over the phone, or by mailing a paper copy to the New York State Workers’ Compensation Board. Your employer or its insurance provider will inform you if your claim is accepted. Your medical care is then covered, and lost-wage compensation start. The Workers’ Compensation Board will inform you of the following steps in settling your case, however, if it is challenged.
It is best to have a workers compensation attorney helping you through the legal side of the process, and at the same time your workers comp doctor handling the medical side. To take work accident cases, a doctor in NY must be Workers’ Compensation Board Authorized, so it is important that your doctor is an approved work-comp physician for your case.
Consulting with a Workers’ Compensation Attorney
It is crucial to stress that New York’s workers’ compensation statutes are extraordinarily complicated and that employees typically lack understanding regarding their legal rights and responsibilities. Therefore, consulting with a New York workers’ compensation attorney is prudent, especially if the insurance company disputes your initial claim. They do not take a percentage of your benefits and instead are paid by the WCB or the insurance company directly.
Even if you didn’t file a workers’ compensation claim, you should immediately disclose any condition that has been discovered as possibly being caused by a work-related injury. Getting the condition on paper will help you down the line if you need treatment in the future. So if you want to ensure that you receive the benefits to which you are entitled to in the state of New York, you must declare any work-related injuries as soon as possible. Any unnecessary delays may cause your case to be rejected, or some body sites to not get approved for treatment.
Your chance to obtain compensation for an injury might be jeopardized if you fail to report it in a reasonable timeframe. If you’re unaware of your legal rights and responsibilities, your claim may be denied, or your compensation for lost earnings and medical expenses may be reduced or stopped. This would be very unfortunate for someone who has pain and injuries, so don’t let it happen to you.
In New York, it is in your best interest to disclose any work-related illness or injury as soon as possible, and if necessary, to retain the services of an experienced workers’ compensation attorney and make an appointment with a doctor that specializes in workers comp and is authorized by NY State to take such patients.