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How do I seek workers’ compensation benefits in New York?

On Behalf of | Aug 8, 2019 | Workplace injuries

When you sustain a workplace injury, you should seek workers’ compensation. But there are some essential steps to follow to ensure you have the best chance at securing benefits in New York.

Not only do you need to follow best practices for seeking medical care and notifying your employer, but you also need to adhere to state laws.

Obtain medical treatment

 Pursue medical attention as soon as possible after the injury. Unless you are in an emergency situation, make sure the doctor is allowed by the Workers’ Compensation Board. If your employer partakes an Alternate Dispute Resolution or Preferred Provider Organization program, you may need to see a doctor that is part of the program. You may also need to get prescription medications or diagnostic tests from contracted providers. Your employer must provide you with all the information regarding these requirements, if applicable.

Your employer or your employer’s insurer will cover your necessary medical expenses if your case is successful. The health care provider you see may have you sign Form A-9, which notifies you that you may be responsible for paying for treatment if you do not pursue a claim or it gets denied by the Workers’ Compensation Board.

Inform your employer

 Tell a supervisor about your accident as soon as you can. You must report the injury in writing within 30 days. If it is an occupational disease, you must notify your employer within two years of knowing about the work-related disease or within two years of disablement.

Start a claim

 Next, you can complete Form C-3 and send it to the Workers’ Compensation Board office. The time limit for filing a claim is two years.

No one should interpret this information as legal advice – it is for educational purposes only.