Workers Compensation in New York

You aren’t alone if you wonder how workers comp works. Workers’ compensation is a type of insurance that provides wage and medical benefits to people who have become ill or injured while at work. The extent of workers’ comp coverage an employer is required to carry is governed by New York state law. Thus, in trying to figure out how workers comp works, it helps to understand the laws on the books in the state where the business operates. If the injury or illness a worker sustains is eligible for compensation, the insurance carrier should help ease the financial burden the illness or injury created on the worker. Learn some of the basic principles of New York workers’ compensation insurance and how the process works.

Workers Compensation Statistics in New York?

A news release from the U.S. Bureau of Labor Statistics shows that private employers in New York reported over 140,000 nonfatal workplace incidents in 2019. People working in state or local government had higher rates of injury or illness than those working for any other employer. Nearly three out of every one hundred employees had an accident that required reporting to the state. Moreover, about half of those injuries resulted in time away from work, restricted activity, or a job transfer. It’s even more disconcerting to learn that 78,400 of the reported injuries or illnesses identified were labeled as severe.

How Does Workers Comp Work in New York?

There is a standard practice to follow when going through the New York workers’ compensation process. Unfortunately, it begins with you getting sick or injured on the job. The circumstances surrounding the incident that led to the injury are especially crucial. The injury had to occur during the course of your regular work duties. It could also occur while you were performing a special task at the request of your boss. 

Every business must have workers’ compensation insurance, except for people who are volunteers, religious employees, or independent contractors. The New York Workers’ Compensation Board provides full details on exemptions and how they work for particular industries. Once you are approved, beneficiaries on workers’ comp receive bi-weekly cash payments that equal ⅔ of your average salary for the last year. The maximum anyone can receive is $966.78 per week, but that amount changes every year based on reports from the Commission of Labor. Beyond the weekly pay, there are extensive medical, supplemental, and death benefits  available also.

The steps you take immediately following a workplace incident in New York are critical for purposes of filing a claim for compensation. Follow the following steps to preserve your rights and learn how workers comp works.

Get Medical Attention

After you get injured or feel ill, the first step is to see a doctor. Don’t delay receiving help from a New York healthcare professional. This could not only jeopardize your health, but you run the risk of missing time-sensitive deadlines in the workers’ compensation process.

Even if you believe that your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This is the first step in the workers’ compensation claim process. Absent a medical report, your employer cannot file a claim with the insurance carrier.

When dealing with a job-related illness, the symptoms and diagnosis may not happen right away. You may find yourself attending regular checkups and testing for weeks or months before a doctor finally associates your illness with your job. All of your medical records will become the foundation from which the workers’ comp carrier will launch its investigation. Your doctor may make the determination that the illness is the result of your work conditions or aggravated by them. Once they do, see your human resources representative to file a workers’ compensation claim.

File a First Report of Injury

Once you have a medical diagnosis relating your illness or injury to your job, you must file a claim with your employer. This is the next important phase of how New York workers comp works.

New York gives employees injured on the job two years to apply for workers compensation. But you should be aware that trying to receive benefits after that time may result in a denial. After seeking medical attention, report the injury to your employer within eighteen days of the incident. Then, complete a C-3 Employee Claim for the New York Workers’ Compensation Board. If your employer tries to intimidate you into not completing this form, gather any evidence that you can and inform your lawyer. After turning that in, businesses are responsible for notifying the board and their insurance company within ten days of learning about the injury.

The first report of an on the job injury or illness will provide the workers’ compensation insurance carrier with the details of the events leading up to the injury. In this report, you will provide your physical injuries, the medical treatment you received and the facilities that provided it. It’s always a good idea to submit a copy of the doctor’s report  with the report of injury.

Your employer should furnish you with information about the claims process. The adjuster or insurance carrier representative may want to speak to you at some point about the incident and any possible witnesses to the event. New York has a seven calendar day waiting period before beneficiaries can receive payments. If the injuries are severe enough to justify permanent disability benefits, you can apply any time before they run out.

Why You Should Hire a Workers’ Compensation Lawyer

In learning how New York workers comp works, many people believe that the injury claims process is straightforward. While this may be the case in some instances, in others, it may be more of a hassle. For instance, your employer may question whether you were hurt on the clock or on your own time. The company may also start to question the extent of your injury. There may even arise pay disputes and long-term care dictated by the doctor. Don’t question how workers comp works and risk losing your claim. Hire a New York workers’ comp lawyer and ensure you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer in New York

Your health and wellbeing need to come first. If you are hurt while working or find out an illness you are suffering is the result of your job, you will want to seek compensation. Since the workers’ compensation claims process may be tricky, you should consider getting a local attorney well versed in how to deal with it. We can even help you connect with an attorney across New York state lines. They can guide you while you continue to learn how workers comp works.

Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!