In the state of New York, employees who are injured while on the job are entitled to monetary compensation for the ensuing medical expenses and compensation for a percentage of their missed wages. Because it is illegal to sue your employer in New York after of a work-related injury, workers comp serves to compensate for the accident in another way.
Still, it is important to contact a reputable workers comp lawyer in order to file your claim. There are several statutes of limitations (deadlines) on these types of claims, and the paperwork can be extremely complicated if you’re not well-versed in law.
A lawyer will help you meet your deadlines and file the paperwork correctly so that you receive the full benefit of your workers’ compensation.
Who Is Eligible for Workers’ Comp?
According to the Workers’ Compensation Law of the State of New York, workers’ compensation is available to nearly all employees in New York. This includes the following groups:
- Domestic employees working less than 40 hours a week
- Those who work for political divisions such as municipalities in non-hazardous employment
- Uniformed police officers, sanitation workers, and firefighters who work for New York City
- Longshoremen and harbor workers
- Railroad employees
- Those working in a home doing household chores, yard work, painting, or repairs
- Minors over 14 who work casually in and about one family as babysitters or in other ways
What to Do if You’ve Been Injured on the Job
After you’ve been injured in an on-the-job accident, there are several immediate steps you’ll need to take.
First, you’ll naturally need to obtain any necessary medical treatment that you require right away. But you’ll also need to talk to your immediate supervisor or employer about what happened. Within 30 days, you’ll also need to provide written notice to your employer. This is required by law.
In addition, within 10 days of your employer being notified by you in writing, they will need to notify both their insurance company and the Workers’ Compensation Board of New York State. If your employer is unaware of this, make sure to let them know so that the rest of your claim filing will go smoothly.
After both your employer and their insurance company have been notified, within 14 days, your insurance company should be in contact with you. The will give you a written outline of your Workers’ Compensation Law rights. And within 18 days of the day they were notified by your employer, you should begin receiving payments from the insurance company. This is if the time you lose at work is over seven days.
This is just the beginning of the written statements and other paperwork that you’ll need to file as you seek compensation for your injuries and lost wages. You’ll also need to file important forms like the “Employee Claim” form with the Workers’ Compensation Board. All of this is made much easier with the help of an experienced lawyer.
Contacting a Reputable Lawyer
If you meet the requirements outlined above and have been seriously injured on the job, it is essential that you contact an experienced workers’ comp lawyer in your area as soon as possible. Several deadlines must be met in order to file your case, and missing those deadlines means forfeiting your compensation.