It’s important to know what to expect when filing a claim for workers’ compensation, so that you don’t miss out on any benefits from not adhering to time-sensitive deadlines.
There are many cases when a workers’ compensation claim is denied, but this usually stems from alack of information to support their claim or from missing a deadline.
According to our construction accident attorneys, understanding what to do after a work-related accident is important when filing a workers’ compensation claim. Below are some of the steps that should be taken after a workplace injury occurs.
Follow These Steps to Get Your Benefits After a Workplace Injury
1. Get the necessary medical attention you need.
Immediately after you suffer an injury at the workplace, you need to seek medical attention. Many injuries are noticeable right away, but this isn’t always the case. Sometimes, the injuries can surface days, weeks, or even months later. Seeing a doctor right away is the best way to make sure you’re as healthy as possible after a construction accident.
1a. Complete a preliminary medical report.
Within 48 hours of your injury, your doctor should complete a c-4 medical report and make sure to have it mailed to the appropriate district office for workers’ compensation. This report should also be mailed to your employer and your employer’s insurance provider.
2. You need to get in contact with your employer about the accident.
Besides getting in contact with a doctor, you need to also call your employer right away. Although you have 30 days to do this from the time of your accident, you should let them know about your injury as soon as possible. Notifying your employer of the accident is an important part of the process that is often overlooked, which can lead to denial of your claim.
3. Receive a written statement of your rights.
Depending on when your employer’s insurance provider is notified, you should receive a document stating your rights to compensation from them. Typically, this is within 14 days from the day the employer’s report is received.
4. Payment of Benefits
After the necessary paperwork has been completed, your employer’s insurance should pay out your benefits within 18 days. Your doctor should also be submitting progress reports to your employer’s insurer and the board every 45 days to review your injury.
However, if it’s being disputed the insurer will notify you and the NY State Board of Workers’ Compensation regarding why your claim is being disputed.
5. File your claim with the Workers’ Compensation Board.
Your claim can be filed with the New York State Board of Workers’ Compensation within 2 years of your accident—but you should have completed the steps above first! Simply file a C-3 form and mail it to the appropriate office or ask your personal injury lawyer for assistance.
Trust a Personal Injury Lawyer Throughout This Process
Although receiving benefits sounds relatively easy, it can become complicated if your employer’s insurance begins debating the claim for various reasons. One of the worst things that you can do is overlook legal assistance and actually be denied the benefits that you deserve.
If you have been injured at work and are seeking compensation, you will need an experienced attorney on your side. Contact our construction accident lawyers todayto get started!