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How to File & The Basics

How To File A Workers' Compensation Claim

We encourage people who suffer on-the-job injuries to contact a lawyer as soon as possible. By preparing a claim thoroughly from the start, our firm can help applicants avoid the technical problems that doom many workers' compensation claims from the beginning. By turning to a law firm with experienced attorneys, our clients also take a significant weight off their shoulders, so they can focus on what matters most: their health.

Workers' Compensation Claims: The Basics

The first step to filing a workers' compensation claim is to get appropriate medical treatment as soon as possible. A physician must complete a medical evaluation within 48 hours of an accident, and submit the evaluation to a NYS Workers' Compensation Board district office as part of the employee's claim.

Injured workers must also inform their employer, in writing, of an accident within 30 days. The next step is to file an Employee Claim Form (C-3) with the Workers' Compensation Board. Injured or sick workers have up to two years from the date of an injury-causing accident (or incident that resulted in disease) to file a claim with the Workers' Compensation Board.

Even though people have two years to file a workers' comp claim, we encourage people to file as soon as possible.

An employer has 10 days after learning of an accident to prepare an Employer's Report on Work-Related Injury/Illness (C-2). This is submitted to the Workers' Compensation Board and the employer's insurance company. If a worker misses more than seven days of work because of a workplace accident, the insurance company has 18 days from the time it receives the C-2 to begin making payments to the employee.

When people are injured on the job, the first thing they should be asking themselves is, "How am I going to get better?" not "Where is my next paycheck going to come from?"

People in New York have turned to The Law Firm of Alex Dell, PLLC, for over a decade for help with workers' compensation and disability claims. Because our attorneys only handle work-related injury and disability claims, they have decades of combined experience in this complicated area of the law. Just as importantly, our firm cares about our clients, and we are always ready to fight to get them every form of compensation they are eligible to receive.

Benefits For Lost Wages

The first type of workers' compensation benefit available is cash benefits for lost wages. There is a complicated formula used to determine someone's weekly benefit; this is two-thirds of the person's average weekly wage (AWW) multiplied by the percentage of disability determined. Benefits for the first seven days of a disability are only paid if the disability lasts more than 14 days.

Benefits For Medical Expenses

Payments are also available to cover the cost of medical evaluations and treatment, as well as mileage reimbursement for traveling to and from doctor's appointments. The NYS Workers' Compensation Board must approve medical providers, and the Board will require periodic evaluations to verify that a disability is ongoing.

How Does Our Firm Help You?

Having a qualified lawyer handle your case can mean the difference between an approved and denied claim. We will oversee every aspect of your claim: not only the paperwork you must submit to your employer, but the paperwork the employer, the employer's insurer and your treating physician must submit as well. If the Workers' Compensation Board prematurely decides that payments can be discontinued, we will immediately begin working to ensure that you continue to receive payments, or receive a fair settlement for your injuries.