- January 7, 2025
- Tucker Law
- Work Injury
You have a right to work in a safe environment. Unfortunately, however, work-related illnesses and injuries are all too common. If you’re hurt on the job, you can end up racking up serious medical bills and days of lost income. That’s a recipe for financial disaster. Thankfully, there are remedies you can pursue. Workers’ compensation is one such option. It gives you the chance to receive benefits like the coverage of medical expenses and lost wages. But after you report the injury to your employer, what’s the process of filing a workers’ compensation claim?
The team at Tucker Lawyers has years of experience helping people in New York City who have sustained injuries at work. We can assist you in understanding your rights and represent you through the claims process.
Schedule a free consultation with one of our lawyers by calling us at (516) 399-2364.
Starting the Process
Report the Injury to Your Employer
The very first thing our workers’ compensation lawyers recommend you do is to let your employer know that you’ve suffered an injury. You have 30 days from the date of the injury or your discovery of it to do this. However, the sooner you let them know, the better. Whoever reviews the claim will be more suspicious if you wait until the last minute.
You need to let your employer know in writing — just telling them orally is not enough. Most employers have incident forms that you can fill out. If they don’t have one, though, you can just write out what happened yourself, including the date and time of the incident.
Seek Medical Attention
You need to get medical attention as quickly as possible after the accident. This step has two important purposes. First, doing so guarantees that you’re getting the help you need to physically recover. You may not realize the severity of your injuries at first, and that could put you in danger. The second purpose of getting medical attention is to start leaving a record of the injuries you suffered. You will need quite a bit of evidence to show that you were hurt and deserve benefits, so don’t wait to get seen by medical professionals.
Also, make sure to ask your employer whether you’re required to see an insurance-covered physician or not. If you are, you’ll need to know which one to go to. The physician will have to file a form during this process that they’ll send to the workers’ compensation board.
At Tucker Lawyers, our managing attorney has been offering his legal services since 1990. With our team, you get dedication and experience.
File a Workers’ Compensation Claim
The next step in the process is to file the actual claim. This requires you to fill out the C3 form, which is notoriously tricky to do without the help of a lawyer. In addition to ensuring you don’t make mistakes on the form, you want to make sure you don’t wait too long to file. You technically have two years to do so from the moment you’re injured or discover your injury, but you never want to wait that long. Once you submit the form, you can’t change any answers if you made an error. If you have a lawyer, however, they can submit an amended form that shows where you made a mistake.
Gather Evidence
It’s vital that you start gathering all evidence you have of the accident and how it occurred. If there were photos or videos taken, get copies. You should also obtain contact information from anyone who witnessed the incident. Make sure that you have a file of all of the medical care you’ve received and the costs of everything.
Consult With an NYC Workers’ Compensation Attorney
As soon as you’re well enough to do so, you should speak with experienced workers’ compensation lawyers. The process of filing a claim isn’t nearly as simple as it may look, and it’s not uncommon for claims to be denied because of minor mistakes. With a lawyer helping you, you will know exactly what evidence can make the biggest difference and what you can expect from the rest of the process. If your claim is denied, it’s essential that you hire a lawyer to help you submit an appeal. Filing a claim may be tough, but appealing a denial is twice as difficult.
Understanding Your Rights and Benefits
If you were injured at work and your insurer carries workers’ compensation insurance — which they must do in New York — you’re likely eligible to receive workers’ comp benefits. These include coverage of medical expenses like hospital stays, medications, and anything else related to the injuries. You also receive part of the wages you’ve lost. The rate at which your benefits will be paid depends on the level of disability you’ve suffered because of your injuries. Total disability is 100%, marked is 75%, moderate is 50%, and mild is 25%. There will be many degrees in the middle as well. The amount you receive in lost wages will depend on your average weekly salary and your degree of disability.
To calculate the lost wages you’ll receive from workers’ compensation, multiply two-thirds of your weekly average wage by your percentage of disability. If you can’t return to work because of a disability that will last at least a year, you can claim Social Security disability benefits. Family members of people who’ve died because of a work-related injury can also receive survivor benefits, which cover funeral expenses and provide weekly compensation.
Getting Help After a Work-Related Injury
Tucker Lawyers Can Help You Maximize Your Claim
After suffering an injury at work, you need to act fast. Let your employer know what happened and get medical care at once. If possible, call us before you attempt to fill out your C3 form. We have experience with New York workers’ compensation claims and can help you avoid some of the most common errors that could keep you from getting your benefits. You don’t have to go through this process on your own while also battling injuries. At Tucker Lawyers, we’ll be by your side through it all.
Call us at (516) 399-2364 to book your free consultation with our team.
Managing Attorney John. J. Tucker, Esq.
John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]