FREQUENTLY ASKED QUESTIONS
What should you do if you are injured at work?
First, you should notify your employer that you had an accident. The law requires notice to be in writing and should be done within 30 days of the injury, with some exceptions. If you are taken by ambulance or the employer was otherwise aware of your accident, the writing requirement should be excused. If you become ill or develop a disease because of your job, you must then notify your employer when you learn of that condition.
Should I seek medical care?
You should seek medical care immediately. You should do this even if you honestly believe the injury or condition is not that severe. If you do not seek medical care, and your condition gets worse, it may become difficult to prove you injured yourself.
What is the first step in obtaining workers’ compensation benefits?
After notifying your employer and seeking medical care, you need to file an employee claim form (C-3 Form) with the Workers' Compensation Board.
What is the Workers’ Compensation Boards?
The Workers' Compensation Board is the New York State agency that handles all matters related to your workers’ compensation claim and decide what benefits you are entitled to, if any.
How do I file a claim?
After notifying your employer in writing of your injury or occupational disease, you must file an employee claim form (C-3 Form) with the Workers' Compensation Board as soon as possible. If a claim is not filed within 2 years from the date of the injury or notice of an occupational disease, you may lose your right to benefits.
Are all disabilities covered under Workers' Compensation Law?
Only those disabilities that are causally related to an accidental injury "arising out of and in the course of the employment," or to an occupational disease, are compensable.
What does "arising out of and in the course of the employment" mean?
“Arising out of employment” means that you must have been performing a condition of your job that exposed you to the danger causing the injury. “In the course of employment” deals with the time and place that the injury occurred. If an injury occurs on the employer’s premises, then workers’ compensation is likely to be accepted.
What types of work-related injuries are eligible for workers’ compensation benefits?
New York workers’ compensation states that injured workers’ are entitled to receive benefits for any type of injury regardless of what caused the injury. Some of the most common types of injuries include: back injuries, knee injuries, head injuries, bone fractures and muscle strains, carpal tunnel syndrome, neck injuries and mental health issues.
What benefits will I receive if I am entitled to workers’ compensation?
Workers’ Compensation pays two basic types of benefits: a weekly payment for lost wages and possibly a cash settlement at the end of the claim, and medical care payments for the medical conditions injured during the accident or illness.
What happens if I was in an accident at work but failed to file a workers’ compensation claim?
If you neglect to file a workers’ compensation claim, you put yourself at risk of losing your rights to benefits and medical care. If you or a loved one is in this situation, contact us today for advice and assistance.
Contact the THE WOODWORTH LAW FIRM today at:
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Rochester, New York 14614
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