July 5, 2023
If you've been injured on the job, reporting a workplace injury is critical in protecting any financial or legal compensation that you may be entitled to receive as part of the injury. The reporting process can include filing papers with your employer and possible government agencies, and consulting with an attorney for help.
What is Considered a Workplace Injury?
In New York State, to be considered a workplace injury the injury must have arisen in and out of the course of your employment. This can happen due to an accident that occurred or due to a disease or injury arising from your employment conditions occurring as a natural incident for your particular occupation, known as an occupational disease. Some examples of accidents can include slips, trips, falls, knee injuries, back injuries, overexertion, crashes, and collisions. Examples of occupational disease include overuse injuries such as carpal tunnel syndrome and exposure to harmful substances. Note that for remote workers, an injury that occurs during the course of their workday that would normally be covered if they worked in-house can be considered a workplace injury. There are exceptions to these rules, of course, including horseplay, alcohol and drug consumption, and location or timing of when or where the injury occurred.
Notify Your Employer
After you’ve assessed your injury and assuming you don’t require emergency care, let your employer know about it right away. In New York, when applying for workers' compensation, you must notify your employer of your injuries and the cause of injury within 30 days of the accident, or within two years of when you knew or should have known that the disease was due to the nature of employment for an occupational disease. This can be done orally or in writing.
Fill Out an Injury Form to File a Workers’ Compensation Claim
Next, you’ll need to document the nature and details of the injury by completing a form called a C-3 Employee Claim Form. This will include information like the date, time, location, what part(s) of your body were injured, and what led up to the injury. If there were any witnesses present, you’ll need to list them as well. This must be filed with the Workers’ Compensation Board within two years of the injury.
Employers are required to have workers’ compensation insurance to cover employees that are injured on the job. Besides filling out a C-3 form, your employer should also provide you with the information on their insurance carrier and assist in obtaining a carrier case number.
What To Do if You Work Remotely
Generally speaking, remote employees are still covered by workers’ compensation. If you’re telecommuting and get injured while performing your work duties, there’s a good chance you’re eligible for benefits. In this situation, you’ll want to follow the same basic procedure where you immediately notify your employer, fill out a claim form, and file a workers’ compensation claim.
If you have more questions about reporting a work injury or want to learn more about receiving workers’ compensation benefits, reach out to the Zea Proukou team today. We have over 50 years of combined experience and are one of Western New York’s most trusted workers’ compensation law firms. Call us at our Rochester location at 585-423-9444 or our Canandaigua office at 315-853-9444. Or message us through our secure online contact form.