November 1, 2022
Workplace injuries lead to stress and anxiety as employees worry about loss of income and job security. Luckily, the NY Workers’ Compensation Law is designed to help injured workers in situations just like these. However, understanding the Workers’ Comp process can be challenging. To help ease some of the stress, we’ve come up with a quick list of things to help navigate filing for Workers’ Comp.
- Notify Your Employer
Report your workplace injury to your supervisor. You have 30 days, but the sooner you make the report, the less time they have to claim you were hurt outside the job. You must:
- Preferably make the report in writing
- State when, where, and how you became injured, and if there were any witnesses
- Remember, report within 30 days of the injury
Your employer is then required to notify their insurance carrier within 10 days if you required medical attention beyond first aid, or you lost at least one day of work beyond the date the injury occurred.
- Seek Medical Treatment
The second step is to get to a doctor as soon as possible. You may have to go to the emergency room or an urgent care center because most primary care physicians do not treat patients who have been injured at work.
- When you check in, tell the receptionist that you are being seen for a work-related injury
- Make sure any doctors, nurses, physician's assistants, etc. that treat you know that you were injured at work
- Be sure to describe the accident or your occupation to the doctor, nurse, or physician’s assistant as detailed and as clearly as possible
Eventually, as you become established with a doctor, plan to see him or her every 90 days while you are out of work to provide evidence of your condition and work restrictions.
- File a C-3 Form
In New York State, you, not your employer, must file a C-3 Form with the Workers’ Compensation Board to initiate your claim. You can do so one of three ways: online, by phone, or by filing a paper form. You must notify the board within two years of your injury, but it is advisable to do so as soon as possible.
- Seek Legal Help
Navigating Workers’ Comp can be challenging. Even if you have sought medical attention to establish a record of care, appropriately notified your employer, and filed a C-3 form, there may still be bumps in the road. An experienced attorney will help guide you through the entire claim process and advocate for your rights within the system.
At Zea Proukou, you don’t have to walk the Workers’ Comp path alone. We have an experienced team of caring and passionate legal professionals who are dedicated to helping you through the process from start to finish.
If you have any questions or would like to know more about how we can assist you, contact us at our Rochester office by calling 585-423-9444 or our Canandaigua office by calling 315-853-9444. You may also email us through our secure contact page.