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Steps in a Typical New York State Workers’ Compensation Case

Seek Medical Treatment

  • If an employee has been injured at work, the first step is to immediately seek medical treatment. The injured person will likely see either their family doctor or an emergency room physician.
  • Let the medical staff know that the injury is work-related. The employee should not pay the doctor or hospital directly for medical treatment.
  • After receiving medical treatment, it may be advisable to contact an attorney knowledgeable in Workers’ Compensation cases. The legal team at Jeffrey Freedman Attorneys can guide you through the next steps in the process.
  • Private health insurance should not be used to pay for a work-related injury. The doctor should send any bills to either the Workers’ Compensation Board or your employer. The employer’s insurance company should pay the medical bills.
  • Under New York State law, the insurance company must make payments or deny the claim within 18 days of disability or within 10 days of knowing the injury happened.
  • The employer has the right to have the injured worker examined by a doctor to determine the severity of the injury.

Notifying Your Employer

  • The employer should be notified in writing as soon as possible after the injury. Under New York State law, an injured worker has 30 days to report an injury to an employer.
  • If an employer is not notified, the injured worker may lose their benefits.
  • The injured worker should also fill out form C-3 to file a claim with the Workers’ Compensation Board. This should be done within two years of the injury.

Receiving the Benefits You Deserve

  • If the insurer does not dispute the case, the insurer will pay the medical bills related to the injury.
  • Depending on the case, the injured worker may be able to collect lost wage benefits. This can be up to 2/3 of the worker’s average salary. In New York State, the maximum allowable weekly benefit is $803.21 per week. These benefits are not subject to taxes.