What if you got injured on the job
1. What is Workers' Compensation?
Workers' Compensation is a form of insurance employers are required to carry in NYS. It covers:
- Medical Treatment: For work-related injuries or illnesses.
- Lost Wages: A portion of your income if you're unable to work due to the injury.
- Permanent Disability Benefits: If the injury causes long-term or permanent impairment.
- Death Benefits: For families of workers who die due to work-related incidents.
2. Steps to Take After a Workplace Accident
- Report the Injury Immediately
- Notify your employer as soon as possible but no later than 30 days after the accident.
- Provide details about the incident, including the date, time, and nature of your injury.
- Seek Medical Attention
- Visit an authorized Workers' Compensation Board (WCB) healthcare provider. All our providers are authorized by the Workers Compensation Board of NYS
- Inform the doctor that your injury is work-related, so they can file the necessary reports.
- File a Claim
- Submit Form C-3 ("Employee Claim") to the NYS Workers' Compensation Board.
- You can file online or by mail.
- The form should be submitted within 2 years of the injury or diagnosis of a work-related illness.
3. What Benefits Can You Receive?
- Medical Coverage:
- All necessary treatment related to the injury or illness is covered.
- Wage Replacement:
- If you’re unable to work, you can receive up to two-thirds of your average weekly wage, subject to a maximum set by NYS.
- Payments depend on the severity of your disability (e.g., total vs. partial disability).
- Permanent Disability or Schedule Loss of Use (SLU):
- If the injury causes permanent damage to a body part, you may receive additional compensation.
- Vocational Rehabilitation:
- Assistance with training and finding new employment if you cannot return to your previous job.
- Death Benefits:
- For dependents of a worker who dies due to a workplace accident.
4. Common Issues and Challenges
- Denial of Claims: If your employer or insurer disputes your claim, they may deny benefits.
- Pre-existing Conditions: Employers may argue that your injury is due to a pre-existing condition.
- Independent Medical Examinations (IME): You may be required to see a doctor chosen by the insurer, whose opinion could impact your benefits.
5. When to Consult a Lawyer
- If your claim is denied or disputed.
- If you are receiving reduced benefits or if your benefits stop prematurely.
- If your injury involves a third party, such as faulty equipment or unsafe conditions.
Workers' compensation attorneys in NYS often work on a contingency fee basis, meaning you pay only if they recover benefits for you.
6. Important Resources
- NYS Workers' Compensation Board:
Website | Phone: (877) 632-4996 - File a Claim Form (C-3):
Form C-3 Online Submission
Next Steps
- Consult our case managers: Call or text our central scheduling line at 201-981-4412 24/7. You can also email to [email protected]
- We will schedule your medical appointment for the same or next day at your convenience
- We will recommend qualified and experienced workers compensation attorneys if you want free consultation
- Act Quickly:
There may be time limits (statutes of limitations) for filing a claim or lawsuit, so it’s essential to act promptly.