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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 Albany 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.

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.