Silverman Law recommends that New York employees follow this guideline to help insure successful entitlement to Comp benefits:
In order to maintain eligibility for workers’ compensation benefits, there are three key steps injured workers need to take after a workplace accident.
When employees in New York are injured while performing their duties at work, they are eligible to receive workers’ compensation benefits to cover the cost of their medical bills and lost wages. However, the injury must arise out of a work related injury or condition. It is not enough just to discover the problem during the course of your employment. In many instances the carrier will argue that the nature of the injury/occupational disease is not from the current employment and therefore not compensable. The carrier will have access to medical records, work records, supervisor reports etc. and a bank of well-trained attorneys. This is one of the reasons it is important to make sure that things go smoothly at the very beginning. Avoiding problems is always better than fighting problems. This is where Silverman Law can be assistance to you as we have to tens of thousands of other claimants. When these accidents occur, the New York State Workers’ Compensation Board states that no party is considered to be at fault. However, in order to maintain their eligibility for benefits, injured employees must take certain steps following the accident.
1. Obtain medical care
After the accident occurs, employees should seek necessary medical care as soon as possible. Unless the injury requires emergency treatment, the healthcare provider must be approved by the Workers’ Compensation Board. One of the most important factors in the prosecution of a successful claim for workers compensation benefits involves the first medical history provided by the claimant . There is a significant difference between “my back was hurting and I could not work” and “I was working and hurt my back”. It is important to be accurate, clear and concise right from the very beginning particularly if you have had a similar problem in the past.
Assuming the carrier accepts the claim, any medical costs incurred are covered by either the employer or the employer’s insurance carrier. However, injured employers may be asked to sign an A-9 form by their healthcare provider. These forms inform employees that they may be responsible for related medical bills if either their workers’ compensation claim is denied or if they do not pursue it. Also, it is important to be aware that certain treatment requires pre-authorization unless it is on an emergency basis. Silverman Law spends a significant amount of time arguing for medical benefits on behalf of its clients.
2. Notify appropriate parties
As soon as possible after being injured, and certainly once medical care has been received, employees should let their supervisor know about their injury and how it happened. Employees should also provide written notice to their employer about their injury within 30 days of the accident occurring to maintain their right to benefits.
Occupational disease should also be reported to the employer within two years after the disablement occurs or within two years after it becomes apparent that the disablement is related to employment duties. This should be done based on whichever situation occurs later. filing a claim for an occupational disease involves more questions, more medical history, and often more debate. This is an area of the law in which Silverman Law can provide necessary help. Remember, the insurance carrier is mandated, they must have an attorney or representative on their behalf at any compensation hearing or appearance. Claimant’s are permitted to do so but not required to do so. Let Silverman Law help level the playing field for you.
3. Complete a claim
Following the notification process, injured employees should begin the workers’ compensation claims process by filling out a Form C-3 and sending it to the Workers’ Compensation Board office nearest them. For occupational injuries, this form should be filed within a two-year period from the date that it was discovered the injury was work-related. The best way to do this is to make a phone or office appointment with Silverman Law and we can help you work through the necessary paperwork. Nothing you send in initially can guarantee a winning case – however certain things can guarantee a losing case. We want to present your case in the best light possible.
Once these three steps have been taken, injured workers should follow their healthcare provider’s instructions so they are able to make a full recovery, attend any required Independent Medical Examinations, attempt to go back to work as soon as it is medically feasible and attend any hearings related to their workers’ compensation claim. Contact Silverman Law for the best in Compensation and SSD representation.