workers' compensation

Workers’ compensation is, in essence, a type of insurance carried by employers to cover employees should they be injured or sustain an illness when engaged in a work-related activity. If you have been involved in a work-related accident that has left you injured, you will want to be familiar with some of the ins and outs of workers’ compensation. It can be difficult to navigate and that is why we are here to help.

What Is Workers’ Comp and How Does It Work?

A work-related injury or illness can leave a person feeling incredibly vulnerable physically and financially. In addition to medical bills, you may also be missing out on work and wages. This can compound into some serious financial stress. Thankfully, almost all New York employers are required to carry workers’ compensation coverage.

Workers’ compensation coverage is designed to protect employees who have been injured on the job. Providing coverage for things like medical bills is part of the program hope that employees will then be able to get proper medical care and be able to return to work sooner rather than later. In exchange for receiving workers’ compensation benefits, workers must forfeit the right to sue the employer for negligence that may have contributed to the accident that left the employee injured.

New York law provides that all workers injured in the course of employment are entitled to receive workers’ compensation benefits regardless of the cause of their injury. With few exceptions, all New York employers are required to carry this insurance and are prohibited from charging workers for this coverage. In order to access workers’ compensation coverage, an injured worker must be able to prove injury or illness that was incurred in the course of employment. 

The claims process can be complex and difficult to navigate. Furthermore, there are specific time frames that must be complied with in order to successfully access workers’ compensation benefits. Medical attention should be sought out immediately after a workplace accident or after a workplace-related illness has been discovered. The employer should be notified in writing of what occurred within 30 days of injury. Within 2 years of sustaining an injury, the employee must complete an Employee Claim Form, Form C-3, and mail it to the appropriate Workers’ Compensation district office. Within 48 hours of the accident, your treating doctor will need to fill out the Doctor’s Initial Report, Form C-4, and mail it to the appropriate district office. Copies of this report must be submitted to the employer, insurer, and the injured employee. Your employer must report the injury to the insurance company within 10 days of receiving notice of the accident by completing an Employer’s Report of Work-Related Injury form, Form C-2. Within 14 days of receiving this form, the workers’ compensation insurance carrier will send you a written statement outlining your legal rights.

Once your workers’ compensation claim has been approved, the insurance carrier will pay out benefits to you every two weeks. Your doctor will need to submit progress reports every 45 days. Your claim will be re-evaluated after 12 weeks.

New Jersey Personal Injury Attorneys

Workers’ compensation benefits can provide crucial financial support to injured workers. Unfortunately, navigating the process can be extremely difficult and frustrating. At Levin & Malkin, we are here to help. Contact us today.

Posted in: Work Accidents