New York’s workers’ compensation system provides stronger protections compared to other US states. Due to strict regulations, workers’ comp insurance and illness covered under workers’ comp are extensive but what about long term injuries?
Coverage for long-term medical issues
NY’s generous compensation covers virtually every type of accidental injury or occupational disease sustained while on the job. With few exceptions such as self-inflicted injury, you are likely eligible for compensation even if it was your fault.
The state’s workers’ comp covers medical issues and diseases that develop due to the nature of your job. Long-term injuries, or injuries that gradually appear or worsen over time, are part of this coverage. Some clear-cut issues arising due to your job are:
- Loss of mobility or sense: An example would be developing gradual hearing loss or skeletal disorders from back-breaking work in construction.
- Musculoskeletal or stress injuries: Injuries such as chronic back pain, tendonitis and carpal tunnel syndrome may appear due to repetitive work movements.
- Respiratory problems: Lung damage, asthma, and other breathing problems that arise due to work environments count as examples.
- Long-term aggravation: Pre-existing conditions that worsen while working the job, such as arthritis, are covered.
If you can provide evidence of your job causing or worsening health issues, NY workers’ comp may apply to you.
Filing a claim for long-term injury
New York has a strict timeline for workers’ compensation claims. Failure to follow can result in denials. The state requires employees to notify their employer of the injury within 30 days for acute accidents like a slip and fall.
Meanwhile, your deadline for formal claims of long-term injury is 2 years from the date of discovery. When your doctor confirms your medical issue is work-related, look into filing your claim. You must fill out form C-3 and submit to the New York State Workers’ Compensation Board.
Appealing a claim denial
A claim denial does not mean you have no options to recover benefits. If your insurance carrier denies your claim, you can go through the appeals process to receive a resolution. Achieving this may be more difficult as appealing is more complicated than filing the initial claim. Should you require assistance defending your case, seek advice from a legal professional knowledgeable in NY workers’ compensation.