Filing a Workers’ Compensation Claim in New York

Guidance from Our Caring NYC Workers’ Comp Attorneys

Workers’ compensation benefits provide protection to almost every worker in New York. However, if you get hurt on the job, you need to be proactive in letting your employer know and in filing a workers’ compensation claim. A delay in reporting your injuries and a failure to file your claim could result in your benefits being denied.

An experienced New York City workers’ compensation lawyer from our firm can help with the process of filing a claim and can assist you if your claim is denied. From unfair settlement offers to outright denials, we are here to stand up for your case and your rights and advocate for fair compensation after an accident.

Contact The Perecman Firm, P.L.L.C. at (212) 577-9325 today to learn more about how we can help resolve your case.

How to File a Claim

When you are injured on the job in New York, you must complete certain steps to see that you are able to recover the compensation you deserve for your damages.

You have two options for submitting a claim:

• Complete the form called Employee Claim (C-3). The form can be obtained on the website of the New York State Workers’ Compensation Board and can even be submitted online if you wish to use your computer. A paper copy of it can also be obtained from a local Customer Service Center or District Office or the State Workers’ Compensation Board.
• If fatality occurred, form C-62 must be filed instead. The eligible family members or worker’s next of kin will need to complete the form. The form and appropriate documentation, including form C-64 from the treating physician before death and form C-65 from the funeral home, must also be completed.

The appropriate paperwork for your claim must be completed and submitted within two years of the accident. You also need to let your employer know in writing as soon as you have been hurt. The written injury report should explain when, how, where, and why you became ill or injured as a result of something that happened on the job. Once you have completed the required paperwork, your claim should be reviewed and benefits will either be given or denied based on the facts of the case.

What if Your Claim Is Denied?

Workers’ compensation is supposed to ensure that you are covered for any on-the-job injury. Not only that, but the process is supposed to be a simple one so you don’t have a problem getting guaranteed benefits. Unfortunately, sometimes legitimate claims are denied and you are left without the money you need. Properly filing a workers’ compensation claim in a timely manner reduces the chance of a denial but it doesn’t eliminate problems if employers and insurers decide to treat you unfairly.

If your claim is denied, you may be able to appeal the denial and taking your case before the workers’ compensation board. An experienced New York workers’ compensation attorney from our firm is ready to help you take action.

Ready to File? Contact The Perecman Firm, P.L.L.C. Today

Filing a workers’ compensation claim shouldn’t be stressful. You also need to focus on improving your health and recovering, rather than fighting for benefits or navigating legal issues. That is why our firm is here to help. Our accomplished New York City workers’ compensation lawyers are well-versed in the laws surrounding your claim and can help you take the next best step forward. If you are ready to file a claim and would like to get informed on your rights, The Perecman Firm, P.L.L.C. is just a phone call away.

Start by filling out a free case evaluation to tell us about your injury.