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Workers’ Compensation FAQ’s

Common Questions and Concerns

What steps should I take if I am injured at work?

Make sure to protect yourself with these three steps listed below.  As you take these steps, it may be wise to consult with an attorney, especially if you are unsure of exactly what to do, what your rights are, or whether your employer is abiding by the law.

  • Immediately after your injury, illness or accident, seek appropriate medical care or treatment. Your employer’s insurance company may argue that your injury or illness was not as bad or severe as you claim if they see that you delayed medical care.
  • Report the injury, accident or illness to your employer. New York has a statutory deadline of 30 days to report this to your employer. It is best to notify the employer soon after you are injured. Because the report is required to be in writing, it may be a good idea to have an attorney review your report (or help you write it) before submitting it to your supervisor. This is to make sure that your report does not include any details that could hurt your case or get your benefits denied.
  • Fill out a workers’ compensation claim form. You can either get this from your employer or the New York State Workers’ Compensation Board. Because the form asks for many specific pieces of information and details, having an attorney who is skilled in this area can help you make sure there are no errors. This reduces your chances of losing benefits.

Am I eligible for coverage under New York’s workers’ compensation law?

Your employer’s workers’ compensation insurance covers a range of benefits that you may qualify for if you are:

  • Injured at work
  • In an accident at work or while you were working
  • Suffering an aggravation of a pre-existing condition due to work
  • Experiencing a gradual work injury such as a repetitive stress injury
  • Contracting an occupational disease due to your work conditions or type of work

Can I Sue for Pain and Suffering?

Serious or severe injuries often come with a period of time when you experience physical or emotional pain. Under certain circumstances, you may be able to sue for pain and suffering, separately from and in addition to receiving workers’ compensation benefits.

Learn more about Pain and Suffering Lawsuits here.

Why is it important to consult with an attorney immediately?

A work-related injury can be stressful, causing you to feel overwhelmed with questions and concerns and leaving you unsure of where you seek help and relief.  Many people find that handling their own workers’ compensation claim is a nearly impossible project to tackle while simultaneously healing and recovering from their injuries.  Without the knowledge and guidance you can only get from an experienced workers’ compensation attorney, you are far less-likely to collect the full range of benefits that are entitled to you.

It is important to consult with our attorneys immediately after sustaining a work-related injury for the following reasons, just to name a few:

  • Since the workers’ compensation insurance company is on your employer’s side, it does not have your best interests at heart.
  • The insurance company hires very experienced and aggressive attorneys to represent them. You need to hire high-caliber representation to level the playing field.
  • The insurance company is in complete control of your benefits until you hire an attorney to keep the insurance company in check.
  • There are strict time limitations for your claim. An attorney can make sure you meet these deadlines and provide the necessary documentation.
  • The Workers’ Compensation Board requires you or your attorney to complete specific, complicated paperwork before you are able to appear before a judge.  Most of this paperwork is crucial to your claim!  An attorney will advise and assist you in properly completing and filing all of it.
  • Delaying medical treatment that you need can result in re-injury or worsening of your injury.  We will assist you and your physician in obtaining speedy authorizations for treatment, testing and surgery, if required.

For more information, read our articles regarding Workers Compensation and Social Security Disability here.

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