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In the aftermath of a workplace injury, you may be faced with many questions about what to do next. Obviously, your first priority should be on recovering and taking time to ensure that your health comes first. However, needing to take time away from work to heal can be difficult. Many employees report experiencing pressure from their employer to return early, guilt over missing days and time, and concerns about lost wages due to taking time off. When medical bills begin to pile up and your family relies on your paycheck, a workplace accident can strain more than just your physical body. It can also take an emotional, familial, and financial toll.
Speaking with professionals after a workplace accident can help bring you the guidance and clarity you need. A doctor can help you understand what medical steps you need to take in order to feel your best. A workers’ compensation lawyer can help you navigate the insurance claims process, and make sure you receive the full amount of benefits to which you may be entitled.
If you have been injured on the job, contact the experienced New York worker’s compensation lawyers at Shulman & Hill to help answer any questions you may have. Our experts are available for a no-cost, no-obligation legal consultation to make sure you receive the full amount of workers’ compensation benefits you need in order to be able to focus on taking the time to recover.
What Should I Do If I Get Hurt on the Job?
“I was hurt on the job – what are my rights?” “What happens if I get hurt at work? Who pays my medical bills?” “I got injured at work – now what?” “If I get injured at work, how can I afford to take time off?” These are all questions that workers’ compensation lawyers hear and answer every day. Every case is unique, but if you are hurt at work, there are certain steps that almost everyone should take right away.
1. Seek Medical Attention Right Away
If you are injured, the first thing you should do is see a doctor. A medical professional can help evaluate the situation, and give you the treatment you need in order to recover. Make sure to keep a record of the doctor you see and how they diagnose your situation.
2. Immediately Report the Workplace Injury to Your Employer
If you have been injured on the job, you should notify your employer as soon as possible. If you tell them verbally, make sure you follow up with a written account as well.
3. File a Claim for Workers’ Compensation Benefits
Do not let concerns about the financial expense deter you from seeking the care you need. Workers’ compensation insurance should be available to you to help pay medical bills if you get hurt at work. Filing a claim for workers’ compensation benefits can cover not only your medical bills but also a portion of back pay for when you are injured and could not work. Workers’ compensation benefits for these missing wages can help you and your family when you need to take time and space to recover.
In New York, the form to file after getting hurt at work is called Form C-3. In order to fill out Form C-3, you will need the following information:
- The name and address of your employer, even if it is not necessarily where the injury occurred.
- The dollar amount of gross wages (before taxes) that you receive per pay period.
- The names and addresses of any other employers that you worked for at the time of your injury or illness.
- The name and address of the doctor, hospital, or medical personnel that provided your initial treatment.
4. Hire an Experienced Workers’ Compensation Lawyer
Unfortunately, at times some insurance companies or employers may attempt to deny or minimize workers’ compensation benefit amounts in order to protect their own bottom line. Hiring experienced New York workers’ compensation lawyers like the team at Shulman & Hill can help make sure you receive the fullest possible amount of benefits to which you may be entitled.
What Should I Do If My Employer Doesn’t Have Workers’ Compensation Insurance?
If your employer tells you that they do not carry workers’ compensation insurance, speak to a work injury lawyer. Depending on the size of your employer, as well as the industry in which you work, they may be required by law to carry workers’ compensation insurance. Even part-time employees and family members are required to be covered by workers’ compensation insurance under New York law.
If I Get Hurt at Work Can I See My Own Doctor?
In New York, you have the right to choose your own health care provider when receiving workers’ compensation benefits. However, in order to be paid for by workers’ compensation benefits, your doctor must be authorized by the Workers’ Compensation Board (WCB), unless of course, you require immediate emergency treatment.
You can find an authorized provider online, or ask your current doctor if they have been approved by the WCB.
Does My Injury Require a Workers’ Compensation Lawyer?
Getting hurt on the job is stressful enough without worrying about navigating the insurance claims process afterward. Hiring a workers’ compensation lawyer helps ensure that collecting your benefits happens in a timely, straightforward manner. A good workers’ comp lawyer can collect evidence to support your claim, communicate with medical professionals and the insurance company, and help you dispute a denied claim. Working with a New York workers’ compensation lawyer can make sure that the insurance company does not try to take advantage of you during your period of recovery.
How Do I File a Workers’ Compensation Claim?
By filing a workers’ compensation claim, you are not suing for injury at work. You are only putting in a claim on an existing insurance policy. By reporting the claim to your employer, seeing a doctor, and filling out a claims form, you should be entered into the workers’ compensation benefits system. If you have any questions about your benefits, speak to a qualified New York workers’ comp lawyer for the answers you need.
What Are the Workers’ Compensation Rules in My State?
In New York, businesses are required to carry workers’ compensation insurance. You can search for the individual requirements for each state online.
Workers’ Compensation FAQs
What is Workers’ Compensation?
Workers’ compensation is an insurance policy designed to cover the costs of an injury at work. Your employer pays for the plan so that if you are injured, your medical bills and missing wages can be covered by their insurer.
How Long Do You Have to Report an Injury at Work?
In New York, an accident should be reported to your employer within 30 days or sooner. If an injury developed over a long period of time due to repetitive stress, consult a lawyer for guidance.
What Does Workers’ Compensation Cover?
Workers’ compensation pays for a variety of medical procedures, including immediate and some ongoing treatments. It can also cover the cost of transportation to and from the hospital or doctors’ visits and other associated costs of medical care.
Workers’ compensation can also cover a percentage of your lost wages while you take time to recover from an injury at work.
Who Pays My Workers’ Compensation Benefits?
Your employer should already be enrolled in a workers’ compensation insurance program. You do not have to pay anything to receive workers’ compensation benefits.
What is Not Covered by Workers’ Comp?
You are entitled to full coverage of the costs of all medically necessary care related to your workplace injury or illness. Examples of what is covered may include, but is not limited to:
- Office visits
- Psychological and chiropractic treatment
- Surgery and hospital stays
- X-rays and other diagnostic tests
- Prescription drugs
- Medical, surgical, and prosthetic devices
Purely aesthetic procedures may not be covered under workers’ compensation, but care that is deemed medically necessary by a doctor should be.
How is Workers’ Comp Calculated?
Wage replacement benefits from workers’ compensation are often not the full amount that you would have otherwise earned on the job. The maximum amount is based on the New York State Average Weekly Wage. The amount you receive is calculated based on your own personal wage rate from the previous year.
Get the Help You Need After an Injury at Work
An accident at work can be a stressful occurrence, but having the right lawyer by your side can help ensure that your rights are protected and your financial needs are provided for. While you recover from an injury at work, let the experienced New York law team at Shulman & Hill take care of the details, navigate your insurance claim, and answer any questions you might have about the workers’ compensation process.
To speak with a workers’ compensation attorney for a no-cost, no-obligation consultation, fill out our online contact form or call us at 212.221.1000 for a free case evaluation.
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