Frequently Asked Questions About Filing A Workers Compensation Claim
The stress and physical pain of a work-related injury can be challenging to deal with and the process of filing a workers compensation claim can further complicate things. Understanding your rights and the steps involved can help make the process smoother and ensure you receive the benefits you’re entitled to. As your trusted NY workers compensation lawyers, we have been protecting the rights of victims since 1991, and we’re here to answer some of the most common questions our clients have about filing a workers compensation claim. We hope this guide provides clarity and reassurance as you move forward.
What Is The First Step In Filing A Workers Compensation Claim?
The first step is to report your injury to your employer as soon as possible. It’s crucial to do this promptly because any delay can affect your eligibility for benefits. Once reported, your employer should provide you with the necessary forms to fill out. This documentation is essential to officially start the claim process. If you’re unsure about any part of the form, don’t hesitate to ask for guidance from your employer or seek legal advice to ensure everything is completed accurately.
How Long Do I Have To File A Workers Compensation Claim?
In New York, you generally have two years from the date of the injury to file a workers compensation claim. However, it’s important to report the injury to your employer within 30 days. Failing to do so could jeopardize your claim. There are exceptions to these time limits, such as in cases of occupational diseases, which may have different deadlines based on when the disease was diagnosed or should have been diagnosed. Consulting with a legal professional can help you understand the specific timelines that apply to your situation.
What Types Of Benefits Can I Receive Through A Workers Compensation Claim?
Workers compensation benefits typically include medical treatment for your injury, compensation for lost wages, and benefits for any permanent disability. Medical benefits cover all necessary treatments related to your injury, such as doctor’s visits, surgeries, and medications. Wage replacement benefits are usually a percentage of your average weekly wage and are intended to help you financially while you recover. Permanent disability benefits compensate for any lasting impairments that result from your injury, which can affect your ability to work in the future.
What If My Workers Compensation Claim Is Denied?
You have the right to appeal the decision should your claim be denied. The first step is to request a hearing before the Workers’ Compensation Board. During this hearing, you can present evidence and arguments supporting your claim. It’s beneficial to have legal representation during this process to help build a strong case. If the Board denies your claim after the hearing, there are further levels of appeal available, including filing a lawsuit. Persistence is key, and with proper legal support, you can face the appeals process effectively.
Can I Choose My Own Doctor For Treatment?
In New York, you generally have the right to choose your own doctor for workers compensation treatment, as long as the doctor is authorized by the Workers’ Compensation Board. However, your employer or their insurance company might also have a network of approved medical providers that you need to use for initial treatments or independent medical examinations. It’s important to follow the rules regarding medical treatment to ensure your benefits are not compromised. If you have concerns about the care you’re receiving, consulting with a legal professional can provide guidance on how to proceed.
Getting Help With Your Workers Compensation Claim
It doesn’t have to be difficult or overwhelming to file a workers compensation claim. By understanding the steps involved and knowing your rights, you can ensure you receive the benefits you deserve. If you have any questions or need assistance with your claim, don’t hesitate to reach out to us at Polsky, Shouldice & Rosen, P.C. Our team is dedicated to helping you every step of the way. Contact us today to schedule a free consultation and let us help you manage your workers compensation claim with confidence.
