What to do when you get hurt at work in New York- the basics

June 15, 2012 New York Workers Compensation No comment

Most people think that if they get injured at work, telling their boss and then seeing their family doctor is all they have to do. Actually, it isn’t. Here’s a little advice about what to do when you get injured on the job:

1. File a written incident report and keep a copy for your records.

2. Ask your boss or your HR Department for the name and phone number of your employer’s workers’ compensation insurance company (also called the “carrier.”)

3. Go for treatment with a Workers’ Compensation doctor who is a specialist – NOT your family doctor. Examples of doctors who you could see are orthopedists, neurologists, chiropractors or physical medicine and rehab doctors.

4. File a C-3 form with the New York State Workers’ Compensation Board. This step is required by law- yet most people don’t know about it and YOUR EMPLOYER WILL NOT TELL YOU ABOUT IT BECAUSE IT IS NOT THEIR RESPONSIBILITY TO DO SO! You can file a C-3 form online by going to the Board’s website at www.wcb.ny.gov. The law says you have two years from the accident or injury to file this form with New York State.

When filing for Workers’ Comp, keep in mind that you will be dealing with two completely separate entities: the carrier and the Workers’ Compensation Board. The carrier is your employer’s insurance company that is in business to make money and to pay as little as possible in benefits. The Board, on the other hand, is like a court. The Board, not the carrier, makes the final decisions in your case. Most carriers would like you to think that their decisions are final. However, any decision that a carrier makes about what treatment or surgery you are entitled to or how much money you get for your case can be challenged. You just have to know how. That’s where getting an experienced Workers’ Comp attorney comes into the picture.

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