When employees become injured or ill on the job, they can take advantage of a specific type of insurance known as Workers Compensation. If you have suffered injuries or fallen ill due to workplace conditions or accidents, Workers Compensation can be activated for you. But, doing this requires submitting a worker’s compensation claim which can be difficult for the average person.
At Cellino Law our Harlem workers compensation lawyers have plenty of experience in this matter and can help you have your claim correctly so your compensation is assured.
These benefits are permitted by the law and provided by employers as well as those who are self-insured. To find out how much compensation is due, you will first need to complete a formula that determines the exact benefits according to the loss of income, medical care, and time off to be granted to the employee. Workers’ compensation not only works to cover the employee but protect their family from the financial loss incurred by the accident. This also eliminates the need for many expensive lawsuits. If you have been hurt on the job call our personal injury lawyers in Harlem at 800-555-5555 to learn how we can help your claim.
Qualifying Injuries for Workers Compensation In Harlem New York
If you have become injured or fallen ill while on your job in Harlem, NY, you should know that the New York State Compensation benefits are in place for you. There are very stringent guidelines in place to ensure that those who would like to subvert this plan are not able to do so. This means that just because you became injured in the workplace, worker’s compensation benefits may or may not apply to you and your specific situation.
The first thing to do will be to make sure that you are covered for the injuries or illness you are suffering under-compensation laws. Furthermore, the incident that resulted in your damages must fall into one of the following categories.
- The company you are working for must be required by law to carry Workers Compensation Benefits in New York.
- The disability, illness, or injury you suffered must have happened while you were on the job and must relate to your occupation.
- Employees must have provided their employer with a written notice about the injury and the disability and the incident that caused them by the end of the month.
- You must have medical reports that indicate your disability, sickness, or injury was caused by workplace conditions or the nature of your work.
Different Types of Benefits You Can Get Through Worker’s Compensation
This type of insurance was designed specifically to provide medical and cash benefits for those that are injured or fall ill on the job as a result of conditions or activities natural to this line of work.
The Worker’s Compensation Board of New York handles these claims. This New York-based Board is also in charge of collecting cash benefits and medical care from the local employers.
Here are some of the current Worker’s Compensation benefits:
- Medical Benefits
- Cash benefits
- Death Benefits
- Social Security Benefits
- Supplemental Benefits
Is It Possible To Be Fired If You File Workers Comp Claims In New York
Before you get started there are some important things to know about filing this claim. First of all, you should know that you have rights after being injured on the job. First of all, your employer is not obligated to keep your position open while you are recovering.
But, you can secure your job by taking advantage of the Family Medical Leave Act that permits you a full 12-weeks (1 year) of unpaid leave for serious medical issues.
Employers are also not allowed to fire people because they have filed a worker compensation claim. This is the same reason employers are not allowed to inquire about this during the initial interview.
Maintaining clear and constant communication with your employee is going to be very important during your recovery. You must communicate your status and position in their organization is still standing. A good way to do this is to keep abreast of the current happenings within the company and informing your employer of your conditions and recovery status. This will make it easier to hop back into the workflow when you do return.
How To File A Workers Compensation Claim In New York
There are some important things to do to ensure you are given your full worker’s compensation. This begins with taking your injuries to a medical professional for examination after the accident. You will also need to notify your employer or supervisor of what has happened. You will need to send a written notification of what has happened to your supervisor within thirty days of your medical examination results. Within a two year period, you will have to fill out an Employee Claim form, this will have to be sent to the main Worker’s Compensation office in your area.
Once your employer has received the notification they will have to send a notification of the incident to their insurance company within 10 days using Form C-2. Once this report has been received, the insurance adjuster has 14 days to send you a notification of your rights in this matter. The insurance company will begin to pay you your benefits within 18 days unless it was denied within seven days of it being filed.
After your compensation has been approved, you will begin receiving your payments every couple of weeks. You will be required to send a report on your conditions to the Board and these will feature your doctor’s progress reports as well. Finally, after the 12 week period has transpired, if you are still in recovery, your insurance provider may have to consider providing you with rehabilitation treatment.
How Do You Appeal A Denied Workers’ Compensation Claim?
There will be cases where your filed claim is not accepted by your employer and they choose to contest the claim. The only way a workers’ compensation claim can payout is if the employer and the insurance company are in agreement about what caused the sickness or injury.
If there is a dispute over the claims, or they have been contested by the employer or insurance provider, the benefits will not be released. In such a case the dispute may have to be taken to a judge who will provide a ruling in this matter.
The Worker’s Compensation Board will also attend this hearing. If the judge rules in your favor, they will then set the terms for length and quantity of compensation that must be provided. The judge’s ruling can be appealed by either the employer or the employee within 30 days of the judge’s decision. If this happens, a new panel of 3 board members from the Worker’s Compensation will review the case.
This panel can choose to:
- Modify the judge’s decision
- Overturn the judge’s decision
There is always a chance that the 3 board members will not agree on the best course of action and in this case you may consider a comprehensive board review. This may choose to confirm, adjust, or overturn the ruling made by the judge.
If the board decides to rescind the ruling made by the judge, they must do so within a 30 day period. The appeal must then be taken to the 3rd department of the Appellate Division of New York State Supreme Court. The case may have to be taken to a court of appeals before another decision can be made.
Contact A Harlem Workers Compensation Lawyer At Cellino Law
If you have any questions or doubts about your case call our Harlem injury firm and speak with a knowledgeable representative. A little professional advice can make all the difference in getting your compensation or not.
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