06 Aug How To File A Workers Compensation Claim in NYC
Every year, 4.1 million U.S. Workers will be hurt on the job, or become ill due to their work environment. If you have been injured at work in New York state, you may be wondering how to claim your worker’s compensation. Worker’s compensation is there for people like you, so that you don’t have to worry about where your next paycheck is coming from while you recover. If you’re injured and need workers compensation in NY, here is how to collect it.
Inform your employer you were injured right away
By law, you are required to inform your employer in writing that you were injured, as well as what day and time the injury happened at. Your employer should have paperwork for you, or a pamphlet explaining your workers compensation coverage. If you inform your employer you were injured on the job, or became sick due to your job, and you don’t receive insurance information, that is a serious red flag you need to communicate to your employer about.
Don’t delay telling your employer either. You often have a fairly short window to inform your employer, about 10 days. The only exception of this is if you are sick in a way that wasn’t apparent until weeks, months, or years after the exposure, such as the case of cancer from pesticide exposure. If that’s the case, inform them as soon as you become aware.
Your employer may try to evade filing your insurance claim by telling you the injury was your fault, but if they tell you this they are lying. Worker’s compensation is a “no fault” insurance, so it does not matter whether you were at fault or not if you were injured at work.
Simply telling your employee verbally may not be enough to satisfy the courts, if something goes wrong. Even if your boss helped load you into the ambulance, send them written notice anyway.
File Employee Claim (C-3)
One of the most important papers that you should be filling out is Employee Claim (C-3.) This paperwork allows you to collect your workers compensation, and helps you get the benefits you are due. If you don’t receive this from your employer automatically, ask for it.
Once you have completely filled out the claim form, return it to your employer. You need to do this either in person, or by certified mail with a return receipt requested—anything to prove that your employer received it, should they be reluctant to honor your claim. Your employer will then fill out their section and send it to the insurance.
Inform the hospital you were injured on the job
Your workers compensation insurance is only good for specific doctors. Just like certain doctors may be “out of network” for your health insurance, the doctor at the closest urgent care may be out of network for your workers compensation. Telling the hospital or doctor’s office you are being treated at that this is a worker’s compensation claim will help them provide you with the right doctor, and prevent you from receiving a surprise bill in the mail.
Getting your workers compensation is important if you’ve been sick or injured on the job. Follow these instructions to make sure the process goes smoothly for you.