Workers' compensation is a crucial form of insurance that offers cash benefits and medical care to employees who are injured on the job. In New York, this insurance is available to nearly everyone employed in the state and is fully funded by employers. Let's dive into what workers' compensation is, who it applies to, and how you can successfully file a claim.
Workers' compensation is designed to provide financial support and medical coverage to employees who suffer work-related injuries. By New York State law, any employer with at least one employee must carry this insurance. This is similar to how car insurance works; just as drivers must have insurance in case of an accident, employers must have workers' compensation insurance to cover workplace injuries.
A key feature of workers' compensation is that it operates on a "no fault" system. This means that even if the injury was due to your own mistake, you are still eligible to receive benefits. People often worry that if they were at fault, they wouldn't be covered, but that's not the case here.
If you sustain an injury at work, the first thing you should do is seek medical treatment immediately. You can visit any hospital, and the workers' comp insurance will cover the cost. Once your condition stabilizes, notify your work supervisor about the injury in writing as soon as possible. According to New York law, you must provide written notice within 30 days of the injury, unless your supervisor witnessed the accident or was informed by a colleague.
The next step is to fill out and submit the employee claim form, known as the “C-3 form,” available on the New York Workers Compensation Board website. Ensure you submit this form within two years of the accident, but the sooner, the better to maximize your benefits. After submitting your claim, your employer’s insurance carrier should provide you with a written statement of rights within 14 days and begin payment of benefits within 18 days. If this does not happen, consult an attorney immediately.
It's important to note that filing a workers' compensation claim is not the same as suing your employer. Workers' compensation is simply an insurance claim, and the law actually prohibits suing your employer for these injuries. This system allows for quicker and easier access to benefits for medical coverage, lost wages, and any permanent disability without the need to prove fault.
Additionally, you cannot be fired or retaliated against for filing a workers' comp claim. This protection extends to undocumented immigrants and workers paid off the books. Even if you are called as a witness in someone else's case, you cannot be penalized for it.
Many people assume that workers' compensation in New York is an automatic process, but it can be quite complicated, especially if you've suffered permanent disability. A lawyer can help guide you through the process, explain each step in plain language, and advocate for you to ensure you receive the maximum benefits possible. In some cases, lawyers have been able to more than double the awards their clients receive.
Consulting with a lawyer is free and confidential. If you or a loved one has been injured on the job in New York, consider setting up a free consultation to understand your rights and ensure you receive the benefits you deserve.
Workers' compensation is a vital safety net for employees injured on the job, providing essential medical and financial support. Understanding how to file a claim and knowing your rights can make a significant difference in your recovery and financial stability. For more detailed information on the process, be sure to watch our other videos and consult with a knowledgeable lawyer to maximize your benefits.
For those looking to start the claim process, you can find the C-3 form here. Don't leave money on the table; know your rights and get the benefits you deserve.
If you need assistance with your workers' compensation claim or have questions about personal injury matters, Social Security Disability, or labor and employment issues, feel free to reach out. Call us at 212-406-8989 to schedule a free consultation. We can accommodate any language, and all conversations are strictly confidential.
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