After an on-the-job injury or work-related illness, you are likely entitled to workers’ compensation. In New York, nearly all employers must offer workers’ compensation insurance to those who are injured or fall ill due to work-related accidents, tasks, or conditions. However, the process of filing your claim can be challenging, particularly when you are already focused on getting proper medical care and making sure you take the time you need to rest and heal.
Here, we’ve put together helpful information on how to file a workers’ compensation claim in New York. Continue reading to learn more or contact us directly to speak to one of our experienced Queens workers’ compensation attorneys about filing your claim. At The Cassisi Law Firm, we answer calls 24/7 and are ready to answer any questions you may have.
Give us a call at 718-441-5050 or contact us online for a free consultation. We offer legal services in English, Spanish, and Italian.
Virtually all workers classified as “employees” in the state of New York, including part- and full-time employees, are entitled to file for and receive workers’ compensation benefits as long as their injuries/illnesses are work-related. Work-related injuries and illnesses are those that occur on the job, at the workplace, or during the scope of the individual’s employment. For example, if you were running errands for your boss and got into a car accident, you could file for workers’ compensation. If you slipped and fell on a job site, you could be entitled to benefits. If you developed mesothelioma due to prolonged exposure to asbestos at work, you could be eligible for workers’ compensation.
In New York, the following employees are covered by workers’ compensation:
- All for-profit employees
- Volunteers at for-profit businesses
- New York State employees
- Corporate officers (when the corporation has more than two officers and/or stockholders)
- Single- and double-officer corporate officers if other workers are employed (such officers may forgo coverage if they wish)
- Non-profit workers (with some exceptions)
- Farm workers
- Domestic workers who provide 40 hours/week of work for a single employer
Aside from specific exclusions outlined by the Workers’ Compensation Board, all other employees in New York are also covered by workers’ compensation insurance.
Once your workers’ compensation claim has been accepted, you will begin receiving benefits. As long as the case is not disputed, you will continue receiving benefits every two weeks. If your employer’s insurance company modifies or terminates your benefits for any reason, it must notify the Workers’ Compensation Board.
Additionally, your doctor will complete and submit a Form Doctor’s Progress Report (C-4.2) to the Workers’ Compensation Board every 45 days. This form essentially tracks your recovery and the progress you are making.
After 12 weeks, your employer’s insurance company will determine whether you need rehabilitation treatment. If you are determined to have a permanent and total disability, you could be eligible to receive lifetime benefits.
While you are not required by law to hire a workers’ compensation lawyer to file your claim, it is strongly recommended that you do so. The process of filing a workers’ compensation claim in New York can be complicated, lengthy, and stressful. An attorney at our firm can provide the personalized counsel and guidance you need.
At The Cassisi Law Firm, we fight tirelessly for the rights of injured workers. Our team is passionate about helping members of our community get back on their feet after devastating workplace accidents and injuries. We understand the challenges you are facing—and we know how to help. Since 1985, we have successfully represented countless clients in all types of workers’ compensation matters, from initial filings to appealing denied claims to disputing early termination of benefits.
We answer calls 24/7 and provide contingency fees, meaning you do not owe any attorneys’ fees unless/until we recover compensation for you. If we do not win your case, you do not pay. Get in touch with us today to schedule your appointment with one of our Queens workers’ compensation lawyers.
Call our office at 718-441-5050 or submit an online contact form to get started.
You must notify your employer in writing of your work-related injury or illness within 30 days of the accident or within 30 days of learning that your injury/illness is work-related. In the case of occupational disease, the 30-day time period typically begins on the date on which you became aware or reasonably should have become aware that your illness was related to your employment.
You will also need to file an official claim, known as Form Employee Claim (C-3), with the Workers’ Compensation Board within two years of the date of the injury or illness or the date on which you knew/reasonably should have known the injury or illness was work-related. You file this claim by mailing it to the Workers’ Compensation District Office in your area. While you have two years to file your claim, it’s better to file it as soon as possible, as the sooner you file your claim, the sooner you can begin receiving benefits.
Below are other important time limits you should know regarding various steps in the workers’ compensation claims filing process:
- Within 48 Hours: Your treating physician will conduct a preliminary medical report and send the form (Form Doctor’s Initial Report C-4) to the Workers’ Compensation District Office, as well as to your employer, your employer’s insurance provider, you, and your attorney.
- Within 10 Days: Your employer must report your injury to their insurance company and the Workers’ Compensation Board.
- Within 14 Days: You should receive information on your rights as an injured worker within 14 days of the insurance company receiving the Employer’s Report of Work-Related Injury/Illness (or with the first issuance of benefits).
- Within 18 Days: After receiving the Employer’s Report of Work-Related Injury/Illness, your employer’s insurance provider must begin paying benefits within 18 days if lost work time was greater than seven days.
If your claim is being disputed or denied, your employer’s insurance provider must notify you and all other appropriate parties within 18 days of receiving the Employer’s Report of Work-Related Injury/Illness. At this point, you can begin working with your attorney on the process of appealing your denied claim.