When you’ve been injured at work, your first concern should be to get medical care. Your next worry may be that you’ll be off work while you heal, and you won’t get paid if you don’t work. That’s where workers’ compensation benefits come in. Here’s what you should do if you are hurt at work in New York:
Advise Your Employer Immediately
Tell a supervisor right away what happened, where it happened, and what parts of your body hurt. New York’s Workers’ Compensation Law requires workers to notify an employer within 30 days.
If your workplace has a report form, use it; if not, send a short email or text stating the date, location of the accident, and a description of your injury. Keep a copy.
Get Medical Care
Go to urgent care or the ER if you need emergency help. After that first visit, choose a provider who is authorized by the New York Workers’ Compensation Board. The Board notes that the treating provider must have authorization, except in an emergency. Our office has a list of all medical providers in western New York who accept workers compensation insurance.
Also, tell the provider that the injury happened at work. Describe the accident or what work activities caused the injury(s). This can prevent billing mix-ups later.
Write Down Details While They Still Feel Clear
It can help to have a few details written down, just in case you need to reference them later.
Write down:
- The exact task you were performing at the time of injury, or how and where the accident occurred
- The names of any witnesses who saw the accident
- What you felt (symptoms) right away
This record will help if your employer or the insurer questions what happened or when the pain started.
File the Claim with the Board
Your employer should report the injury (but this does not always happen), therefore, you still need to file your own claim with the Workers’ Compensation Board. A C-3 claim for compensation benefits must be filed within two years of the accident, or within two years of when an injured worker knew or should have known they had a work related illness, injury or condition.
Two years can sound like plenty of time. However, you may run out of time as appointments and missed work start to stack up. Therefore, the earlier the claim is filed, the better.
Watch for Common Traps
Filing for workers’ compensation benefits is rarely straightforward. The workers’ compensation laws are complex. There are many rules, regulations, requirements and deadlines which must be followed or your claim may be in jeopardy. There are some errors that can cause significant problems with your claim later. These errors include:
- You skip a medical appointment because you hope the pain will subside
- You see a provider who lacks Board authorization
- You return to work too soon and worsen the injury
- You sign a form you do not fully understand
- You or your doctor fails to file necessary paperwork within specific time frames
- You neglect to claim all the injured body parts with the result that compensation coverage is disqualified
- The carrier offers to settle your case or pay you a certain amount, which may sound like a fair amount, but the carrier is not necessarily looking out for your best interests.
For many workers, this is the moment when a workers’ compensation lawyer should become part of the conversation.
Maintain Communication with Your Employer
If your injury requires that you stay off work while you’re healing, be sure to maintain contact with your employer. Make sure you provide copies of all doctors’ notes with work restrictions, and touch base with your employer as they request. If they don’t suggest you contact them regularly, do so anyway. Make sure they know you’re invested in returning to work.
Clear documentation helps everyone. Doctor’s notes advise employers about work limits. Written job descriptions help everyone understand what work will look like during recovery and prevent misunderstandings.
A Steady Way Forward
When you’ve been hurt at work in NY, you should contact a workers’ compensation lawyer right away. At Fessenden Laumer & DeAngelo, PLLC, we serve injured workers in Jamestown, Olean, Salamanca, Dunkirk, Corning, Hornell, Bath, Fredonia, NY, and the surrounding areas. We take pride in a warm, local approach. We care about and respect working men and women who are just doing their best to care for themselves and their families. Call our law firm today to discuss your next steps, and let us help you protect your rights and obtain the benefits you deserve.
