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The workers' compensation claim process

If you were injured on the job, you may be in a great deal of physical and emotional pain. Additionally, you may be suffering financially if you are unable to work because of your injuries. Fortunately, injured workers in New York may be able to apply for worker's compensation benefits. In order to apply for these benefits and file a successful claim, it is important to understand the worker's compensation process.

Once you get injured, it is essential that you go to the doctor immediately. Your doctor will need to complete a preliminary medical report within two days of the accident. You will also need to file a claim with the Workers' Compensation Board by filling out a C-3 form and sending it to your local District Office. This must be done within two years of the accident or within two years from the date you should have been aware that you were injured as a result of your job.

In addition to seeking medical treatment, you will need to notify your supervisor in writing about what happened within 30 days of the accident. Even though you have 30 days, you want to notify them as quickly as possible so that your benefits do not get delayed. Once your employer knows about the accident, they will need to report the injury to the Workers' Compensation Board, as well as their insurer. In the next two weeks, the insurer will provide you with a written statement notifying you of your rights.

If you have missed more than seven days of work, the insurer will start paying you benefits. However, your doctor will continue to submit progress reports to help the insurer determine how long the benefits should continue. If they decide to change the amount of benefits you will receive or stop benefits altogether, they will notify the board. After 12 weeks, the insurer will consider whether you need rehabilitative treatment.

Source: Workers' Compensation Board, "Understanding the Claims Process," accessed on Sept. 25, 2017

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