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

  1. 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.
  1. 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.
  1. 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?

  1. Medical Coverage:
    • All necessary treatment related to the injury or illness is covered.
  2. 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).
  3. Permanent Disability or Schedule Loss of Use (SLU):
    • If the injury causes permanent damage to a body part, you may receive additional compensation.
  4. Vocational Rehabilitation:
    • Assistance with training and finding new employment if you cannot return to your previous job.
  5. 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.