Workers Compensation in Rochester, NY
You aren’t alone if you wonder how workers’ compensation works.
Workers’ compensation is insurance that provides wage and medical benefits to people who have become ill or injured while at work. How far this coverage goes depends on New York state law.
If your injury or illness is eligible for compensation, the insurance carrier should help ease the financial burden.
Learn some of the basic principles of 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 New York are critical for filing a claim. 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. Taking too long could not only jeopardize your health, but you run the risk of missing deadlines.
Even if you believe your injury is minor, get a proper medical report detailing the extent of the damage and how it occurred. This step is the top priority in the workers’ compensation claim process. Otherwise, your employer cannot file a claim with the insurance carrier.
You may have regular checkups and testing for weeks or months before a doctor finally connects your illness with your job. Your medical records will become the foundation from which the workers’ comp carrier will launch its investigation.
Generally, your doctor determines if the illness happened because of your work conditions or became 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.
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 on 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!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
