New York has a strict workers’ compensation law that requires most employers to provide free coverage to all employees beginning with their first day on the job. This coverage pays out to cover medical bills and a portion of lost wages associated with a workplace accident, such as a work vehicle crash, a fall, or a construction site accident. These benefits—especially the weekly cash payments—can help workers make ends meet while they recover from their injury or illness.
At Gacovino, Lake & Associates, P.C., our lawyers know how difficult it can be to pay your bills and take care of your family while you recover from an on-the-job injury. We understand that getting the full workers’ compensation benefits due to you can make all of the difference. We are here to guide you through what to do after a workplace injury and help you pursue the benefits you deserve. Call our office at 631-600-0000 to schedule a free case evaluation with a workers’ compensation lawyer in Holbrook, Long Island.
What Is the Workers’ Compensation Claims Process Like in New York?
As soon as your injuries stabilize and you are able, you need to notify your supervisor or human resources professional about your injury in writing. In many cases, your employer is already aware of your injury or illness because you needed to call first responders or leave work to get treatment. However, you still need to notify the company of the circumstances and the injury in writing. You have 30 days to submit this written notification, but if you want your benefits to start as soon as possible, you should send your notification quickly. Any delay means waiting even longer for your weekly payments.
After you submit your written notification, you can file your claim with your local Board District Office. This requires filing a Form C-3. Your employer can supply this form or we can handle this step for you. The deadline for filing is two years from the date you suffered your injury or your doctor diagnosed your illness. However, any delay can impact your workers’ compensation benefits.
For most injured workers, this claim receives approval and they begin receiving cash benefits each week until they can return to work. Most workers receive about two-thirds of their typical wages in these payments, although the amount you get may differ based on several factors. If you believe you are not receiving the full benefits you deserve, contact us today. We will look into it on your behalf.
Can I See My Family Doctor to Treat My Workplace Injury?
In most cases, you should be able to see your family doctor for treatment of your workplace injuries. Your doctor will need to have New York State Workers’ Compensation Board approval to treat these injuries. Many doctors are already on this approval list and you are free to see any of them you want. If you want to see your primary care physician, just make sure to ask if they accept workers’ compensation cases before you undergo medical treatment.
In rare cases, you may need to see a particular doctor or go to a specific clinic for the first 30 days of your treatment. This occurs only when your employer participates in a managed care plan. After seeing the recommended doctor or clinic for the first month, you may choose another approved doctor. Workers’ compensation will continue to pay for the accident-related health care costs you incur.
What If My Employer Denies My Workers’ Compensation Claim?
If your injuries or illness occurred on the job, your workers’ compensation insurance should provide benefits. However, there is occasionally an issue with your claim or your employer denies your injuries happened at work. This may lead to a denial of your claim, which means you will not receive the benefits you deserve. Your employer may even allege you were drunk or otherwise acted in a blatantly unreasonable way in an attempt to deny your claim. While workers’ compensation may not pay out if you were under the influence of alcohol or drugs, these benefits should cover almost any other type of illness or injury common to the workplace.
If you receive a denial for your claim, the dispute prevents you from receiving your weekly cash benefits until you can appeal the decision and have an administrative law judge overturn the denial. You need to call us as soon as possible if you receive any correspondence indicating a denial of your benefits. We need to act quickly to appeal this decision and request a hearing.
As soon as you enlist our help, we go to work building a strong case in your favor.
We know what we must prove under the state’s nuanced workers’ compensation law and we can ensure you meet every legal qualification for benefits. Because there is often a delay of several months before we can get on the calendar of an administrative law judge to schedule your hearing, we will be glad to help you apply for other available benefit programs if you meet the criteria. In some cases, we may be able to seek additional compensation on your behalf.
How Can I Reach a Workers’ Compensation Lawyer in Holbrook, Long Island?
The workers’ compensation lawyers at Gacovino, Lake & Associates, P.C., can answer any questions you have about the claims process, your benefits, or the state’s workers’ compensation laws. If you need help with your claim, you do not believe you are receiving the full amount you deserve, or your employer attempts to deny your claim, we are here to help. We offer complimentary case reviews and handle all workers’ compensation benefits cases on contingency.
We know it is almost impossible to make ends meet if your income suddenly stops and you cannot work. We will not accept payment until we recover the full amount of workers’ compensation benefits due to you. Call our office on Long Island today at 631-600-0000. We can set up a time for you to discuss your workplace injury with one of our knowledgeable attorneys.