If you get hurt at work, workers’ compensation should pay for your medical care as well as a portion of your lost wages. In most cases, Long Island workers qualify for these benefits any time they suffer a workplace injury or illness related to their job. New York State has a strict workers’ compensation law that ensures coverage from your first day of work.
At Gacovino, Lake & Associates, P.C., a knowledgeable workers’ compensation lawyer in Bayport, Long Island can help get you the full amount of coverage you deserve after a workplace injury or illness.
We understand it can be difficult to focus on the complicated forms and the complex claims process while you also struggle to overcome your injuries or illness. We will handle your claim for you, ensuring you meet all deadlines. Regsrdless of whether you enlist our help at the onset or after your insurer has already attempted to deny your workers’ compensation claim, we can fight for the full benefits you deserve. Call us at 631-600-0000 for a complimentary consultation with one of our Long Island workers’ compensation attorneys.
What Is the Workers’ Compensation Claims Process Like in New York State?
New York’s workers’ compensation law requires most employers to offer all employees free workers’ compensation coverage for the duration of their employment. This insurance coverage provides not only payment of any related medical bills, but also gives the employee a weekly cash benefit that covers part of their wages until they can return to work.
The process to report your injury or illness and file a claim for these benefits is not always straightforward, though. If you do not meet all necessary deadlines and follow proper procedures, you may not get the benefits you deserve.
After any workplace injury, you have 30 days to report the incident and your resulting injuries to your supervisor or human resources representative. You need to submit this report in writing, even if your supervisor was there when the accident occurred and is aware of what happened. While you do have a month to submit this notification, you cannot file your claim until you have submitted this document. For that reason, you should take action right away to prevent any delay in your cash benefits.
Once you submit notification to your employer, it should provide you with a C-3 form, or we can obtain a copy of this form. This form goes to the local Board District Office, where it will either approve or deny your benefits. You technically have two years from the time you discover your injuries to file your C-3, but most people want to act much sooner to ensure they get the benefits they need while they are out of work.
Do I Have to See a Specific Doctor for My Bayport Workplace Injuries?
The chances are good your personal doctor is qualified to treat your workplace injuries. Any doctor who has approval from the New York State Workers’ Compensation Board is eligible to treat patients with workplace injuries and receive payment from the employer’s workers’ compensation insurance company. You will just need to ask your doctor if she has this type of approval before she begins your treatment, and choose another doctor if she does not.
There is one circumstance where you may not have the ability to see your own doctor, at least initially. Some employers participate in a managed care plan that work in conjunction with a specific clinic, practice, or individual doctor. If your employer participates in one of these plans, you will need to see this doctor for the initial month of treatment. After 30 days, you are free to see any doctor you wish, as long as he has the approval of the Workers’ Compensation Board.
What If My Employer’s Insurer Denies My Bayport Workplace Injury Claim?
While most workplace injury claims go relatively smoothly, there are exceptions. Some employers may try to claim your injury did not happen at work, or that you are not hurt at all.
The insurance carrier may also deny your claim for several reasons, including claiming you purposefully caused your injuries or that you were under the influence of drugs at the time.
Any type of denial can delay your cash benefits, leaving you struggling to make ends meet until you can sort out the issue. If you receive a denial or hit other roadblocks in the claims process, give us a call as soon as possible. You will want someone on your side who understands the nuanced workers’ compensation laws, and who knows how these insurance companies work. We can appeal your denial, and ask an administrative law judge to overturn it.
Sometimes, this process can take several months, and we understand you may not have the money to make ends meet during this time. In some cases, we can help you apply for other benefits you qualify for during this process. If your injuries are serious and permanent, you may even qualify for Social Security disability benefits.
How Can I Talk to a Workers’ Compensation Attorney in Bayport, Long Island?
If you have any concerns about your Long Island workers’ compensation claim, need help getting your benefits started, or believe you are not receiving the full benefits you deserve, we can help. Our lawyers can answer your questions, and help guide you through the claims process or fight for the full value of benefits you deserve.
We offer free case evaluations for all injured or ill employees who cannot return to work. We handle all workers’ compensation cases on a contingency basis, meaning you pay us nothing until you receive your benefits and the backpay you deserve after an unfair claim denial.
Call Gacovino, Lake & Associates, P.C. today at 631-600-0000 to make an appointment for your complimentary consultation with a Bayport workers’ compensation lawyer.