The Workers' Compensation Claims Process

Many workers who are injured on the job fail to get the benefits they need from workers' compensation because they didn't understand the claims process. At the law firm of Paris & Chaikin, PLLC, in New York City, our attorneys offer a free initial consultation to answer your questions about the workers' compensation claims process.

Here's an overview of the steps you need to take:

1. Obtain medical care and notify your supervisor.

If you need emergency care, go the nearest emergency room or call 911. Then notify your supervisor as soon as possible after receiving treatment. For follow-up care, obtain a list of qualified medical providers from your employer.

If it is not an emergency, notify your supervisor and get a list of qualified medical providers from your employer.

2. Notify your employer of the accident in writing.

You should do this as soon as possible, no later than 30 days after the accident.

In the days ahead, the following events should take place:

  • Within 48 hours of the accident, your doctor should complete an initial medical report (Form C-4) and mail it to the appropriate workers' comp office. You, your employer and the workers' compensation insurance carrier should all receive a copy.
  • Within 10 days of being notified of the accident, your employer should report the injury to the New York Workers' Compensation Board and the insurance company.
  • Within 14 days after your employer reports the injury to the board, the insurance carrier should provide you with a written statement of your rights. If the insurer wants you to take additional diagnostic tests, it will give you a network of providers.
  • Within 18 days after your employer reports the injury, the insurance carrier will begin payments of lost wage benefits if your lost time exceeds seven days. If the insurance carrier disputes your claim, it will notify you and the New York Workers' Compensation Board.

To learn more about your rights or to appeal a denied claim, call our Manhattan office at 646-741-4005 or send an email to get the conversation underway. Our lawyers can also evaluate your case to determine if you may be entitled to additional compensation by filing a personal injury lawsuit against the party that injured you.

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