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Common Issues Workers Face with Workers’ Compensation

Many individuals are under the mistaken impression that workers’ compensation claims are simply personal injury claims for injuries sustained in the workplace. This is incorrect. There are many more restrictions in place for individuals filing workers’ compensation claims and if the filing party does not abide by these restrictions, his or her claim may be invalid.

Know the common problems you can face with workers’ compensation before an accident occurs. That way, you know what to do if you are injured in a workplace accident and need to seek workers’ compensation.

Improper Reporting

Unlike personal injury claims, workers’ compensation claims are required to follow a specific timeline and involve specific documents. The most important of these documents is Employee Claim C-3. After being injured, the employee must file this form with the New York Workers’ Compensation Board. After receiving treatment, he or she must the Doctor’s Initial Report (Form C-4) within 48 hours. These documents must be filled out completely in order to be submitted to the company’s workers’ compensation insurance provider and the New York Workers’ Compensation Board.

Delayed Reporting

When a worker is injured on the job, he or she should report it to his or her supervisor in writing as soon as possible. In order to receive workers’ compensation, the worker’s supervisor must be notified within 30 days of the accident. This notification should include the date, time, and nature of the accident as well as the details of the worker’s injury.

Once the employer has been notified of the accident, they have 10 days to report it to their workers’ compensation insurance provider. It is not the worker, but the employer, who has to report the claim to this provider and if the employer takes too long to do so, the worker’s claim may be jeopardized.

A Lack of Employer Involvement

The employer needs to be involved in each employee’s workers’ compensation claim. But often, a reluctance to pay a higher premium for workers’ compensation for simply an oversight can result in a claim being submitted incorrectly or not at all. Do not tolerate this lack of involvement from your employer. Your job is to report your injury to your supervisor in a timely manner and receive appropriate medical care from one of the approved doctors from your workers’ compensation provider. Your employer’s job is to submit your claim and cooperate with the provider. After reporting your accident, start working with an experienced workers’ compensation lawyer. Your lawyer can make sure that your claim stays on track and if any problems occur, he or she can take action to rectify them.

Work with a New York Workers’ Compensation Lawyer

When you are suffering from an injury after a workplace accident, you need to follow all the protocol for pursuing a workers’ compensation claim in New York in order for your claim to be valid. After you have received initial medical care for your injury, speak with experienced workers’ compensation lawyer Robert A. Koenigsberg. Contact The Robert A. Koenigsberg Law Office today to schedule our free legal consultation.

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