- January 4, 2025
- Tucker Law
- Work Injury
Getting hurt at work can disrupt your life in countless ways. Between medical treatments and lost paychecks, the fallout can feel overwhelming. However, New York City’s workers’ compensation system is designed to offer support for injured workers. Understanding your entitlements is the first step to getting the benefits you deserve.
After a workplace injury, secure the help you need. Call Tucker Lawyers now at (516) 399-2364 for legal assistance.
Workers’ Compensation in NYC
In New York, workers’ compensation is a no-fault system, which means you’re entitled to collect benefits regardless of who caused the accident, as long as it happened while you were on the job. The benefits include:
- Medical Costs: Payment for surgeries, therapies, medications, and any other treatments related to your injury
- Lost Wages: Replacement for a percentage of your lost income if your injury prevents you from going back to work
- Disability Benefits: Compensation for temporary or permanent disabilities caused by the injury
- Vocational Rehab: Help with training or finding new work if you can’t return to your previous job
Every workers’ compensation claim is unique, so your benefits will depend on the nature of your injury, whether you can go back to work or not, and compliance with filing deadlines.
Crucial Steps to Take After a Workplace Injury
Report the Injury
New York law requires you to report the injury to your employer within 30 days of the incident. However, it’s better to do this as soon as possible to strengthen your case and reduce any doubts about the validity of your claim. Not reporting it in time can lead to your claim’s being denied.
Get Medical Treatment From an Approved Provider
After the injury is reported, get checked out by a doctor. New York requires this to be done by a provider who has been authorized by the Workers’ Compensation Board. Accurate medical records of your injuries will help to strengthen your case.
File Your Claim
You’ll also need to file a Form C-3 with the New York Workers’ Compensation Board. The form officially notifies the Board of your injury and gets the claims process started. Keep a copy of all of the paperwork for your own records.
Keep Detailed Records
Besides the C-3 form, keep copies of everything. This includes your hospital bills, communications with your employer, and notes about how the situation has impacted your ability to work. Records will resolve any disputes that might come up.
Making sure everything is documented will help you get full benefits.
Tips for Maximizing Your Benefits
File Early and Accurately
Any delays or mistakes with your initial filing can slow down the process or cause your claim to be denied. It’s best to file as early as possible so you can make sure all of the details are accurate and avoid complications.
Follow Your Doctor’s Orders
Even if you feel certain treatments are unnecessary, make sure you listen to your doctor. If you don’t follow your treatment plans, or if you return to work before you’ve been medically cleared, it can hurt your case. Namely, it might raise doubts as to whether you’ve actually been hurt or not.
Be Honest About Your Injuries
Don’t overstate the severity of your injuries or do any activities inconsistent with your claims. It could lead to an investigation that could ultimately lead to denial of your benefits.
Track Your Costs
Keep records of all injury-related expenses, such as out-of-pocket costs, rides to doctor appointments, and lost income. These records can be used to support your claim for reimbursement.
Work With an Attorney
It’s possible to do all of this on your own, but it helps to have legal counsel to guide you along. A lawyer will make sure everything is done correctly and on time so you can avoid costly mistakes. They’ll also make sure you’re fully aware of your rights throughout the process.
Common Pitfalls to Avoid
It can be tricky to navigate the workers’ compensation system. Even small mistakes can put your claim in jeopardy. Some of the more common ones include:
- Delayed Reporting: Waiting too long can give the impression that your claim is fraudulent or unrelated to work.
- Inconsistent Medical Records: Make sure everything accurately reflects your injury and its impact on your ability to go to work, as any discrepancies can also raise doubts.
- Lack of Documentation: Not keeping records on your injury, lost wages, or treatment can make it difficult to prove your case, so keep everything.
- Handling Disputes Alone: If your claim is denied or your benefits are reduced, don’t try to resolve the issue without legal help.
Without careful attention to detail, even honest and valid claims can run into problems. Thankfully, these common mistakes can be avoided by gaining an understanding of the process and making sure everything is handled properly.
The Role of a Workers’ Compensation Attorney
Maneuvering through the workers’ compensation system in New York requires a clear understanding of state laws, employer requirements, and the tactics used by insurance companies. A workers’ compensation attorney has this knowledge and knows how to use it to protect your rights.
Having the help of legal counsel brings several benefits, including:
- Claim Accuracy: Lawyers make sure all forms and documents are filled out correctly and submitted on time.
- Dispute Resolution: An attorney can represent you during hearings and appeals if your claim is denied or your benefits are reduced.
- Fair Compensation: Your lawyer understands the full scope of the benefits available to you and will fight to make sure you get what you need.
Even if your case seems straightforward, hiring legal representation can give you peace of mind that no detail will be overlooked.
Take Action to Get Your Benefits
If you’re not sure whether you need an attorney, take into consideration some common roadblocks. Suppose your claim is denied because of a technical error or the documentation wasn’t clear enough. What if your employer retaliates by firing you or discriminating against you at work because you filed a claim?
At Tucker Lawyers, we’ll help you understand the options available to you. We’ll make sure every avenue is exhausted to get you the compensation that you have the right to claim.
If you’ve been hurt at work, don’t leave your financial future to chance. Call Tucker Lawyers now at (516) 399-2364 to schedule your consultation. We’ll help you through the claim process and advocate for your rights.
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 ]