Workers Compensation in Rochester, NY

You aren’t alone if you ask “How does workers comp work?” 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 Rochester, New York workers’ compensation insurance and how the process works.

Workers Compensation Statistics in Rochester, New York?

According to New York’s Department of Health, the rate of work-related deaths in the state reached a high of 2.8 per 100,000 in 2014. However, the rate of work-related ER visits has decreased to a low of 1,102 per 100,000. The top three causes of these work-related ER visits were falls, cut/pierce, and overexertion. Of note, Monroe County had a lower incidence of falls, cut/pierce, machine-inflicted, and struck by object injuries treated at a hospital when compared to the state average.

How Does Workers Comp Work in Rochester, New York?

Unfortunately, going through the process of applying for workers’ compensation begins with getting sick or injured on the job. The circumstances surrounding the incident that led to your problems are especially crucial. For example, the injury had to occur during your regular work duties. While an event that happens during your lunch break wouldn’t apply, getting into a car accident while running an errand for your boss would qualify for a claim. 

According to the New York Workers’ Compensation Board, every employer with one or more employees must have workers’ compensation coverage. Consequently, every Rochester employee should be covered, starting on the first day of employment. Exemptions include volunteers, independent contractors, and religious employees. Compensation can include medical care, wage-loss benefits, and vocational rehabilitation. Mental injuries may be covered if they arise from abnormal stress on the job.

For example, say your supervisor asked you to drop something off on your lunch break. While running this errand you then get in a car accident on your way to the destination. Any resulting injury is eligible for workers’ compensation. However, if you are on your lunch break, performing no such task when you get in an accident, it does not qualify for a claim.

The steps you take immediately following a workplace incident in Rochester, 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 seeking help from a Rochester, 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. Having a proper medical report detailing the extent of the damage and how it occurred is the first step in the process. Your employer cannot file a claim with their insurance carrier without this information.

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. Your doctor may make the determination that the illness is either 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

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 bring a copy of the doctor’s report to submit with the report of injury.

If you are injured on the job in Rochester, you must give written notice to your employer within 30 days. If you don’t, you may lose your rights to workers’ compensation benefits. You should also file an Employee Claim (Form C-3) with the Workers’ Compensation Board. Your Employee Claim must be filed within two years of the accident. For major injuries, your employer must file a First Report of Injury (Form C-2F) with the Board and their insurer within 10 days of the accident.

Timeline and Other Information

According to the New York Workers Compensation Board there is a 7-day waiting period before disability benefits begin in Rochester. If your treatment requires more than 14 days of missed work, you can receive retroactive payment for all days missed. Benefits paid are typically two thirds of your average weekly wage and arrive on a bi-weekly basis. If the claim is accepted, the insurer must begin payment within 18 days of notification of the 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. Typically about the incident, and to any possible witnesses to the event. In the meantime, the workers’ comp insurer may begin paying medical benefits while the investigation into your claim continues.

Why You Should Hire a Rochester, New York Workers’ Compensation Lawyer

While workers’ compensation claims may be straightforward for some cases in Rochester, New York, in others, it may be more difficult. For example, your employer may decide to question whether you were hurt on the clock or your own time. It’s also common for a company to question the full extent of your injury. Hiring a Rochesterworkers’ comp lawyer ensures that you have an advocate to fight for your rights as a victim.

Work With an Experienced Local Lawyer In Rochester, New York

If you are hurt or contract an illness as a result of your job in Rochester, New York you need to find the right people to help. Since the workers’ compensation claims process can have pitfalls, you should consider getting a local attorney who knows how to avoid them. 

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

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