We can help you get the Workers’ Comp benefits you are owed when you’ve been injured on the job.
Workers’ Comp laws are designed to protect employees’ rights, however, questions immediately arise. How will I replace my income? Why is my health insurance denying payments to the doctors? The NY Workers’ Compensation Law, previously known as the “Workmen's Compensation Law”, can become a complicated process for any type of worker. While providing you with rights and benefits, it has also created numerous defenses for employers and insurance carriers, and the law firms they hire. It makes sense for you to hire a workers’ compensation lawyer to protect you and help you maneuver what can be difficult pitfalls.
Whether you need help filling out paperwork to report the accident or you’ve just been denied benefits and need to appeal your claim, contact Zea Proukou here.
WORKERS' COMP | WHAT TO EXPECT
So you got hurt on the job… now what?
Notify your supervisor as soon as possible of your accident and your injury or occupational disease.
Fill out an accident report with them if you are able. Be sure to report all possible injury sites. Sometimes with traumatic accidents, one particular body site seems primarily injured, masking injuries elsewhere.
Seek medical treatment.
Many primary care physicians will no longer see patients that are hurt at work. This forces many injured workers to emergency rooms and urgent care centers. This may need to be where you are initially treated but it is important to try to be seen by a specialist who deals with Workers’ Comp injuries as soon as possible.
Fill out a C-3, Employee Claim Form.
Even though you may have already filled out an accident report with your employer, this does NOT initiate a Workers’ Compensation claim. In order to protect your rights, you must file a C-3 Form with the Workers’ Compensation Board relative to your accident or occupational disease. Be sure to list all possible injury sites, disclose any prior similar injuries, and include any second job or self-employment information.
Continue to see your doctor(s) at least every 90 days.
Be sure your doctors record your degree of disability in every report. If you are less than totally (100%) disabled, your doctor should also note any work restrictions you have.
Look for work within your restrictions.
If your doctor does have you at a partial disability (anything less than 100%), you have an obligation under the Workers’ Compensation Law to remain attached to the labor market. If your employer does not have work for you within your restrictions, you must look for work elsewhere or demonstrate you are otherwise attached to the labor market.
Notify the insurance company if you return to work.
Performing any work or work-like activity that is not reported can constitute Workers’ Comp fraud. Fraud can result in having to pay back benefits received, a complete loss of future monetary benefits, and even criminal charges.
Get a permanency opinion.
About a year after your work injury or surgery (if applicable), you should be evaluated by your doctor for permanency. This is a special examination which requires the doctor to make a particular determination regarding maximum medical improvement, and fill out a special form.
While we welcome you to contact us at Zea Proukou at any point in this process, it is encouraged that you have an attorney on your side helping from day one!
Call us today and speak directly with an attorney about your injury.