This page provides answers to the following questions:
If you are injured on the job, you must: 1) obtain the proper and necessary medical treatment 2) notify your supervisor about the injury, either as soon as possible or within thirty (30) days in writing (in the case of an occupational disease, notify your employer as soon as you receive a diagnosis or within 2 years in which you reasonably should have known the illness was work-related); and 3) complete a Form C-3 to submit to the District Office closest to you.
Almost all employers in the state of New York are expected to provide workers' compensation coverage to their employees. The information pertaining to your employer's coverage plan should be posted at your place of work or readily accessible should you request the information.
The best way to ensure a successful claims filing is to keep accurate records and documentation from the time of you first medical visit and onward. It is important that you establish open communication with your employer and observe all filing requirements as closely as possible. Being educated on the process is the best way to approach the workers' compensation system. You may contact the New York State Workers' Compensation Board to receive additional information or even choose to speak with an attorney to guide you through the process; however, hiring an attorney will not be an expense covered by workers' compensation benefits and is purely at your own election.
Depending on the nature of your claim, you may be entitled to one or more of the following benefits:
To best ensure you receive benefits, you should file your claim within two (2) years of the date or your injury or when you reasonably would have known your illness was work-related.
To begin the claims process, you must complete an Employee Claim (C-3) form and submit it to the New York Workers' Compensation Board. Your employer is then expected to file a Form Employer's Report of Work-Related Injury/Illness (C-2) within 10 days of receiving notice of your accident, submitting it to the employer's insurance provider. The insurance provider will then review the nature of the injury and/or claim and determines whether the employer will accept liability. This determination must be made within fourteen (14) days of receiving the C-2 form. Depending on whether the insurance provider accepts liability or not, you may begin to receive benefits payments eighteen (18) days after the insurance provider receive the C-2 form. However, this can differ from case to case.
The Workers' Compensation Board may hold hearings, where a Workers' Compensation Judge resides over the case. The Judge will then make a decision about the amount of benefits owed and the period they are owed for. The decision is appealable by both parties within thirty (30) days of the Judge's decision. The party requests the appeal by applying to the Board in writing. The appeal consists of three Board members reviewing the case whereby they can choose to affirm, modify, rescind the Judge's decision. If the Board is not unanimous, either party may request a full-Board review. The full-Board may make the same decisions- to affirm, rescind, or modify the decisions.
Within 30 days of the Board appeals panel, either party may pursue an appeal in the appellate division of the Supreme Court of New York. A decision of the Supreme Court of New York is then appealable to the Court of Appeals.
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