Workers’ Compensation Basics In New York
August 12, 2022
When you’ve been injured while working, a workers’ compensation lawyer New York men and women trust may be needed. The workers’ comp system has been designed in a way that makes it easy to file for benefits right away. Some injured workers will be able to do this, and have little to no problems. Others will find the system to be difficult to navigate. In other cases, it might seem as if the system is actually against them, and their rights.
Hurwitz, Whitcher & Molloy, Attorneys at Law, know how difficult it can be for some to access the benefits they need and deserve. For years we have been helping people like you recover maximum worker’s compensation benefits. Whether you have not filed yet, or you’ve been denied, let a New York workers’ compensation lawyer review your case and explore your options. Call Hurwitz, Whitcher & Molloy, Attorneys at Law, today.
Reporting the Injury
In New York you must notify your supervisor, or a person in authority, about the injury or accident. This must be done within 30 days. Although an oral notice is acceptable, you should provide them with a written notice. Be sure to keep a copy for your own records. There are a few exceptions to this rule which a workers’ compensation lawyer in New York can explain to you.
Seeing Your Own Doctor
In general you can be treated for your work injury by any healthcare practitioner who has been authorized by the New York Workers’ Compensation Board. These practitioners include primary care physicians, specialists, therapists, chiropractors, hospitals, and clinics.
Who Will Cover Your Medical Bills?
As long as your claim is accepted by your employer or their workers’ compensation insurance company, your medical bills will be covered by either party. You will not have any deductibles or co-pay. As a workers’ compensation lawyer New York respects might tell you, you should never be expected to pay for any treatment that is directly related to a work injury. If your employer is refusing to pay, or is insisting you are responsible for some of the cost, call a lawyer.
Compensation for Lost Wages
You will have to wait seven days before you can receive cash benefits. If your injury renders you unable to work for at least 14 days, benefits for lost wages will be payable from day one. If you are completely disabled, you will be entitled to two thirds of your average weekly salary. There different applicable rules that must be followed depending on the circumstances of your injury.
Is There a Risk of Losing My Job?
By law your employer cannot fire you in retaliation for filing, or attempting to file, a workers’ compensation claim. If you were injured while working, you can prepare and sign a Workers’ Compensation Form C-3, and file it with the state board. This must be done within two years of the accident date or the onset of the illness. A workers’ compensation lawyer in New York would advise against waiting any unnecessary time as it could work against your case.
Is a Lawyer Needed?
The workers’ compensation system is not always easy to follow. There are many rules and laws that have to be adhered to. Furthermore, these change on a regular basis. If your claim is beyond a simple, or straightforward injury, or you’ve been denied, you should consult a lawyer. Even if you think your claim is simple, you risk nothing by reaching out to a workers’ compensation lawyer in New York.
