When you get hurt on the job, New York State law requires your employer to carry workers’ compensation insurance. This policy pays for your time off work, medical bills, and other costs. It also covers some of your lost wages if you are unable to return to your job due to an injury or illness.
The process of obtaining these benefits can be overwhelming, frustrating, and confusing. However, if you have an experienced attorney on your side, you can make it easier for yourself and ensure that you are getting the compensation that you deserve.
Injuries can be caused by a variety of things, including accidents and injuries at work, repetitive stress injuries, and occupational diseases. Many workers do not realize that they can receive workers’ compensation for these injuries, even if the company is not at fault.
Medical treatment is one of the most important aspects of a workers’ compensation claim. Having access to the doctors that you want can be a crucial factor in the success of your claim.
The workers’ compensation system allows you to choose any doctor you wish, as long as they are approved by the WCB and agree to treat your claim under the New York State Workers’ Compensation program. However, you should be aware that insurance adjusters can often thwart your ability to see the doctor of your choice, making it difficult to seek treatment from your preferred providers.
Moreover, the insurance company can request that you undergo an independent medical examination (IME) to challenge your claims of disability or permanent impairment. While this may not seem like a big deal, the results of an IME report can greatly influence your future claim.
An IME can lead to a significant delay or denial of workers’ compensation benefits, making it important to speak with an experienced New York City Workers' Compensation Attorney as soon as you discover that you are being treated differently than you expect to be. An experienced workers’ compensation lawyer will ensure that you are being provided with the medical care that you deserve so that you can recover as quickly and fully as possible.
When you’ve been injured on the job, it can be a difficult time. Not only do you have to deal with your own injuries, but you may also have to fight for the financial support that you need to cover your medical bills and other expenses. Fortunately, New York’s workers’ compensation laws can help you recover the money you need to take care of your injuries and medical needs.
In New York State, all employers are required to carry workers’ compensation insurance. These insurance policies protect covered employees who have been hurt in a workplace accident or who suffer from an occupational disease or illness.
The first thing you must do if you’ve been hurt on the job is to report it to your employer in writing. This will give your employer a record that you’ve informed them of the incident that caused your injury and can be used for proof should you need to file a claim with the WCB.
You can also file a claim for compensation with the WCB by filing Form C-3, which should be completed and signed by you within two years of the date of your accident or onset of your occupational disease. This form can be filled out by you in person, through mail or fax, or electronically through the New York State Workers’ Compensation Board website.
If your injury or illness is severe, you may also qualify for income benefits. These benefits are meant to replace lost wages and provide a source of income while you’re recovering from your injury or illness.
Loss of use awards: If you are permanently injured, you can receive payments based on the body part that was affected. These payments are usually two-thirds of your average weekly wage multiplied by the number of weeks you can no longer work.
These payments can be quite substantial, especially if you have a permanent disability that prevents you from returning to your former work. However, the law is complex and it can be difficult to prove that your disability is due to your job.
If you’ve been denied workers’ compensation benefits, you can appeal to the Workers’ Compensation Board. This is an administrative hearing in which an administrative law judge reviews your case and decides if you deserve the benefits you’ve been denied.
If your employer is retaliating against you for filing a workers’ comp claim, you can bring a civil lawsuit against them. If you win the lawsuit, you could be awarded damages that go beyond your workers’ comp benefits.
In New York State, it’s important to see a physician who is on the WCB’s approved list. This means that your physician must have been licensed and certified by the state and take workers’ compensation insurance.
If you were injured while on the job, Workers' Compensation is an important insurance program that can provide you with cash benefits and medical care. The system is designed to help employees recover from injuries or illnesses so they can return to work. It is important for both employers and employees to know the steps in the claim process so that they don't make any mistakes that can jeopardize the recovery process.
You must report a work-related injury promptly to your employer and to your workers' compensation insurer. The faster the insurer receives notice of your injury, the sooner they can begin to pay you your cash benefits and initiate medical treatment. Studies have shown that this process can make a difference in how quickly you recover from your injury and get back to work.
Depending on your type of work injury, you may be sent to a primary care physician or another medical specialist who will determine the best treatment for you. If you are unsure of what kind of care is right for your particular condition, speak to an experienced workers' comp attorney to learn more.
In New York State, you can choose a doctor of your choice as long as they are insured under workers' compensation and have the proper credentials from the WCB. You can also switch doctors within a 90-day period if you decide you want to see a different practitioner.
When you are referred to a doctor, the doctor should explain your condition and provide a diagnosis as well as treatment options if necessary. They will then help you complete the required forms and paperwork needed to process your claim.
Forms for reporting workplace injuries vary from state to state, but they all have specific details that must be filled out in order for the claims process to start. You can find the appropriate form for your area at your local Worker's Compensation Board or by visiting their Web site.
The information on these forms is vital to the claims process because it can include evidence that you were injured while working, such as photographs or video. If you are unable to provide this evidence, your claim may be denied.
Once you have received your first claim from your insurance carrier, you must then file your claim with the state Workers' Compensation Board. You can do this online using the Board's secure website, eCase.
After you submit your claim, the WCB will review it to ensure that you are eligible for benefits and that the facts of your injury and illness are accurate. Then it will notify you of the outcome of your case and set up a hearing date if there is any dispute about your claim.
If you have questions about your claim or if you would like assistance with a potential dispute, the Board's website contains an array of tools to help you. You can request a consultation with the Board's staff, file an appeal, or consult an attorney to discuss your claim.
K L Sanchez Law Office, P.C. | Construction Accident Attorney and Car Accident Lawyer
3763 83rd St #1m, Queens, NY 11372, United States
(646) 701-7990